Terms & Conditions

The following terms and conditions (“Terms of Use”) govern the relationship between you and Dawn & Dusk Matchstick Boutique/Matchstick Boutique (“Dawn & Dusk Matchstick Boutique/Matchstick Boutique” or “we” or “us”). By using this website (“Web Site”), you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use and the Privacy Policy, and all applicable laws. If these Terms of Use are not acceptable to you, please refrain from using this Web Site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on this Web Site. Your continued use of this Web Site will be deemed your conclusive acceptance of the updated Terms of Use.

This Terms of Use agreement was updated on May 25, 2018 to comply with the European Union’s GDPR initiative. These changes were made more about reorganizing the information to make it more transparent and informative

Your Authority to Use this Web Site for Dawn & Dusk Matchstick Boutique/Matchstick Boutique:

By using this Web Site, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this Web Site and its content, and that you understand and accept the terms, conditions, and risks relating to their use. If you are dissatisfied with this Web Site or its content, your sole and exclusive remedy is to stop using it.

Rights Granted and Restrictions on Use:

The information on the Web Site is protected by copyright. All content on this Web Site, unless otherwise indicated, is copyright © 2020 Dawn & Dusk Matchstick Boutique. All rights reserved. All other brand names, product names and trademarks are the property of their respective owners.

You may display on your computer, download and print the contents of this Web Site for personal or educational, non-commercial purposes provided that you attribute ownership of such content to Dawn & Dusk Matchstick Boutique/Matchstick Boutique. All copyrighted information on this Web Site (including, but not limited to, images, illustrations, video clips, audio clips, trademarks, reviews, articles, promotional contests and movie schedules) is owned by Dawn & Dusk Matchstick Boutique/Matchstick Boutique or a third party, as indicated. The information and materials on the Web Site may not otherwise be copied, modified, published, transferred, reposted, reproduced, reused, transmitted, displayed, sold or used for public or commercial purposes, unless provided in these Terms of Use, without the express written permission of Dawn & Dusk Matchstick Boutique/Matchstick Boutique. Requests for such approval should be sent using the contact form.

Disclaimers:

ALTHOUGH THE CONTENT CONTAINED ON THIS WEB SITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, UNINTERRUPTED SERVICE, FREEDOM FROM COMPUTER VIRUSES, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.

INTERNET SERVICES AND LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES AND DOWN TIME. WE SHALL USE BEST EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DO NOT WARRANT THAT WE SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK.

No Damages: YOU AGREE THAT YOU ARE USING THIS WEB SITE AT YOUR OWN RISK AND LIABILITY. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEB SITE (OR A WEB SITE LINKED TO THIS WEB SITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS′, SERVICE PROVIDERS′ OR SUPPLIERS′ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE

Violations of Terms of Use:

If you breach any of these Terms of Use, you may no longer use this Web Site. Dawn & Dusk Matchstick Boutique may, in its sole discretion, cancel or terminate your right to use this Web Site, or any part of this Web Site, at any time without notice. In the event of termination, you are no longer authorized to access this Web Site or the part of this Web Site affected by such cancellation or termination. In such event, the restrictions which these Terms of Use impose on you with respect to this Web Site shall still apply. Dawn & Dusk Matchstick Boutique is not liable to any party for such damages arising from such a termination. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.

Other Countries: This Web Site can be accessed from countries around the world other than Canada and may contain references to Dawn & Dusk Matchstick Boutique products, services, and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services or programs in your country. We make no representation that the content on this Web Site is appropriate or available for use in other locations, and accessing this Web Site from territories where its content is prohibited. Those who choose to access this Web Site from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.

Laws: These Terms of Use supercede any other agreement, whether oral or in writing, and render any other agreement regarding the terms of use of the Web Site null and void.

This Web Site (excluding any linked site) is controlled by Dawn & Dusk Matchstick Boutique from its offices within the Province of Alberta, Canada. By accessing this Web Site, you and Dawn & Dusk Matchstick Boutique agree that all matters relating to your access to, or use of, this Web Site shall be governed by the statutes and laws of the Province of Alberta, Canada without regard to the conflicts of laws principles thereof. You and Dawn & Dusk Matchstick Boutique agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Calgary, Province of Alberta, Canada with respect to any and all matters arising in connection with these Terms of Use.

If any provision the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Dawn & Dusk Matchstick Boutique/Matchstick Boutique will not be liable for any misuse/use of matches, accidents, shipments, claims, losses, damages or fees from use of these products. The buyer/user claims responsibilty for all use, purchace, gifting, storing of all products from Dawn & Dusk Matchstick Boutique/Matchstick Boutique.

Dawn & Dusk Matchstick Boutique/Matchstick Boutique does not reccomend using broken matches. We also require buyers/users to be safe when using these prodcuts according to safety & fire standards. Dawn & Dusk Matchstick Boutique/Matchstick Boutique does not permit minors to use this product. The responsibitily of use of this product remains with the buyer. We will not be liable for any damages for these products.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

TERMS AND CONDITIONS FOR ONLINE PURCHASE OF GOODS AND
SERVICES
1. Acceptance of Terms and Waiver of Rights. This document contains very
important information regarding your rights and obligations, as well as
conditions, limitations, and exclusions that might apply to you. Please read it
carefully.
These terms require the use of arbitration to resolve disputes,
rather than recourse to the judicial system.
By placing an order for products or services from this website, you
affirm that you are of legal age to enter into this agreement, and
you accept and are bound by these terms and conditions. You
affirm that if you place an order on behalf of an organization or
company, you have the legal authority to bind any such
organization or company to these terms and conditions.
You may not order or obtain products or services from
MATCHSTICK BOUTIQUE or through this website if you: (i) do not
agree to these terms and conditions; (ii) are not the age of majority
in your province or territory of residence; or (iii) are prohibited
from accessing or using this website or any of this website's
contents, products or services by applicable law.
These terms and conditions ("Terms") apply to the purchase and sale of
products and services through matchstickboutique.com (the “Site") and any
affiliated domains. These Terms are subject to change by Matchstick
Boutique (referred to as "us", "we", or "our" as the context may require)
without prior written notice at any time, in our sole discretion. Any changes to
these Terms will be in effect as of the "Last Updated Date" referenced on this
Site. You should review these Terms before purchasing any product or
services that are available through this Site. Your continued use of this Site
after the "Last Updated Date" will constitute your acceptance of and
agreement to such changes.
These Terms are an integral part of the Site Terms and Conditions of Use
https://matchstickboutique.com/terms-conditions/ that apply generally to
the use of our Site. You should also carefully review our Privacy Policy before
placing an order for products or services through this Site.
2. Order Acceptance and Cancellation. You agree that your order is an offer
to buy, under these Terms, all products and services listed in your order. All
orders must be accepted by us or we will not be obligated to sell the products

or services to you. We may choose not to accept orders at our sole discretion,
even after we send you a confirmation email with your order number and
details of the items you have ordered.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to
change without notice. The price charged for a product or service will be
the price advertised on this Site at the time the order is placed, subject to
the terms of any promotions or discounts that may be applicable. The
price charged will be clearly stated in your order confirmation email. Price
increases will only apply to orders placed after the time of the increase.
Posted prices do not include taxes or charges for shipping and handling.
All such taxes and charges will be added to your total price and will be
itemized in your shopping cart and in your order confirmation email. We
strive to display accurate price information; however, we may, on
occasion, make inadvertent typographical errors, inaccuracies, or
omissions related to pricing and availability. We reserve the right to
correct any errors, inaccuracies, or omissions at any time and to cancel
any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and, unless otherwise
agreed by us in writing, payment must be received by us before our
acceptance of an order. We accept electronic fund transfers, approved
credit cards (by Matchstick Boutique or Sweet Clover Studios), PayPal,
and other payment methods approved from time to time. You represent
and warrant that: (i) the payment information you supply to us is true,
correct, and complete, (ii) you are duly authorized to use such payment
method for the purchase, (iii) charges incurred by you will be honoured by
the applicable payment processing company, and (iv) you will pay
charges incurred by you at the posted prices, including shipping and
handling charges and all applicable taxes, if any, regardless of the amount
quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the
individual product page for specific delivery options. You will pay all
shipping and handling charges unless otherwise specified in the order
confirmation.
(b) Please see Site or contact customerservice@matchstickboutique.com for
specific shipping and handling terms.

(c) Title and risk of loss pass to you upon our transfer of the products to the
carrier/delivery. Shipping and delivery dates are estimates only and
cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as
non-returnable, we will accept a return of the products for a refund of your
purchase price, less the original shipping and handling costs, provided such
return is made within ninety (90) days of delivery with valid proof of purchase
and provided such products are returned in their original condition. To return
products, you must email our Returns Department at
customersesrvice@matchstickboutiqe.com prior to shipping the product.
You are responsible for all shipping and handling charges on returned items
unless otherwise specified. You are also responsible for compliance with all
transportation and safety requirements, paperwork and declarations related
to the shipment of returned products as dictated by all laws applicable to the
shipment, and as may be required by your preferred carrier. You bear the
risk of loss during shipment.
Refunds are processed within approximately fourteen (14) days of our receipt
of your merchandise. Your refund will be credited back to the same payment
method used to make the original purchase on the Site.
6. Manufacturer's Warranty and Disclaimers.
(a) We do not manufacture or control any of the products or services offered
on our Site. The availability of products or services through our Site does
not indicate an affiliation with or endorsement of any product, service, or
manufacturer. Accordingly, we do not provide any conditions or
warranties with respect to the products or services offered on our Site.
(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A)
OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE;
OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE
OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE.
(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.

7. Limitation of Liability.
(a) WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY,
MERCHANTABILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN
NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR AGGRAVATED DAMAGES, ARISING OUT OF, OR RELATING
TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS,
REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE,
(B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER,
SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE
PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
8. Privacy. We respect your privacy and are committed to protecting it. Our
Site Privacy Policy, https://matchstickboutique.com/privacy-policy/, governs
the processing of all personal data collected from you in connection with your
purchase of products or services through the Site.
9. Force Majeure. No party shall be liable or responsible to the other party,
nor be deemed to have defaulted under or breached these Terms, for any
failure or delay in fulfilling or performing any of the obligations set out in
these Terms (except for any of your obligations to make payments to the
other party hereunder), when and to the extent such party's (the "Impacted
Party") failure or delay is caused by or results from the following force
majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire,
earthquake, epidemics, pandemics, such as the 2019 novel coronavirus
pandemic (COVID-19), tsunami, other potential disasters(s) or catastrophe(s),
explosion; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (d) government order, law, or
action; (e) embargoes or blockades in effect on or after the date of these
Terms; (f) national or regional emergency; (g) strikes, labour stoppages or
slowdowns or other industrial disturbances; (h) shortage of adequate or
suitable materials, telecommunication breakdown or shortage of adequate
power or transportation facilities; and (i) other similar events beyond the
control of the Impacted Party.
The Impacted Party shall give notice as soon as possible, but in any event
within three (3) days of the Force Majeure Event to the other party, stating the
period of time the occurrence is expected to continue. The Impacted Party

shall use diligent efforts to end the failure or delay and ensure the effects of
such Force Majeure Event are minimized. The Impacted Party shall resume
the performance of its obligations as soon as reasonably practicable after the
removal of the cause.
10. Governing Law. All matters arising out of or relating to these Terms are
governed by and construed in accordance with the laws of the Province of
Alberta and the federal laws of Canada applicable therein.
11. Waiver of Recourse to the Courts and Binding Arbitration.
(a) YOU AND MATCHSTICK BOUTIQUE ARE AGREEING TO GIVE UP ANY
RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR
MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT
OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN
YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR
PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the ADR Institute of Alberta in
accordance with the Arbitration Act (Alberta) RSA 2000, c. A-43, as
replaced or amended from time to time.
(d) The arbitrator will have exclusive authority to resolve any dispute relating
to arbitrability and/or enforceability of this arbitration provision, including
any unconscionability challenge or any other challenge that the
arbitration provision is void, voidable or otherwise invalid. The arbitrator
will be empowered to grant whatever relief would be available in court
under law or in equity. Any award of the arbitrator(s) will be final and
binding on each of the parties and may be entered as a judgment in any
court of competent jurisdiction.
(e) If any provision of this arbitration clause is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration
terms will be enforced.
12. Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any
purported assignment or delegation in violation of this Section 12 is null and

void. No assignment or delegation relieves you of any of your obligations
under these Terms.
13. No Waivers. The failure or delay by us to exercise or enforce any right or
provision of these Terms will not constitute a waiver of future enforcement of
that right or provision. The waiver of any right or provision will be effective
only if in writing and signed by a duly authorized representative of Matchstick
Boutique.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to
confer any rights or remedies upon any person or entity other than you.
15. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i)
sending a message to the email address you provide to us and consent to
us using; or (ii) by posting to the Site. Notices sent by email will be
effective when we send the email and notices we provide by posting will
be effective upon posting. It is your responsibility to keep your email
address current.
(b) To Us. To give us notice under these Terms, you must contact us as
follows by email to customerservice@matchstickboutique.com . We may
update the email address for notices to us by posting a notice on this Site.
Notices provided by email will be effective one business day after they are
sent.
16. Severability. If any provision of these Terms is invalid, illegal, void, or
unenforceable, then that provision will be deemed severed from these Terms
and will not affect the validity or enforceability of the remaining provisions of
these Terms.
17. Entire Agreement. Our order confirmation, these Terms, our Site Terms
and Conditions of Use, and our Privacy Policy will be deemed the final and
integrated agreement between you and us on the matters contained in these
Terms.