Orders submitted are fulfilled and delivered within 7 business days to most major cities. Please note that due to COVID-19 orders may take longer to fulfill or arrive.
Shipping is not included in the cost of goods. On all orders freight will be charged based on total order weight and destination and will be calculated for Buyer prior to shipping.
For orders where shipping is arranged by Ferris Wheel Press, unless otherwise agreed to in writing, Ferris Wheel Press shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. While the delivery service utilized by the Seller may include insurance for the Goods during transit, the Seller makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.
Buyer may make arrangements prior to fulfillment of order should you wish to use your own carrier. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.
Delivery periods and dates shall be as specified in Ferris Wheel Press’s order acknowledgement. However, all delivery periods and dates are non-binding estimates.
The delivery period shall commence on dispatch of the order acknowledgement by Ferris Wheel Press (or acceptance of the purchase order if no order acknowledgement is provided). In any case, the delivery period shall not commence before the Seller has furnished all relevant documentation, permits, approvals, consents and releases to be provided by it, and before any agreed payment has been received. Compliance with the delivery period is subject to timely and proper compliance with all other obligations by the Buyer.
The delivery period shall be deemed satisfied if the products have left the facility or Ferris Wheel Press has notified its readiness to dispatch. In the event of any delay in delivery by the courier, the Buyer shall not be entitled to terminate the purchase order. Ferris Wheel Press reserves the right to remedy the late delivery.
Ferris Wheel Press shall not be liable for any claims for damages incurred by the Buyer for late or delayed delivery.
Duties, Taxes & Fees
All export and import documentation, licenses, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be the Buyer’s responsibility.
Sales of Goods
The Goods will be sold and advertised:
•At “Regular Price” or the equivalent, at the given MSRP as notified to you by Ferris Wheel Press, or MSRP plus up to 15%; or
•As being “On Sale” or the equivalent at MSRP minus up to 15%.
Duration of a sale period shall be no longer than 2 consecutive weeks within a 3 month timeframe, with the exception of the period inclusive of and between October to December each year, during which 3 sale periods will be allowed.
Permission for special pricing for Goods, including, but not limited to additional discounts, and inclusion in bundles must be requested by Buyer and will be determined on a case-by-case basis.
Exclusivity will be determined on a case-by-case basis.
Any resale of Ferris Wheel Press products must be through the Seller’s own branded website or physical store. Any resale on third-party marketplaces including, but not limited to Amazon, Ebay, Taobao.com etc., is expressly prohibited. Ferris Wheel Press shall have sole discretion to grant any such exception and to determine what third-party marketplaces are eligible for Buyer resale.
Returns and Exchanges
It is the responsibility of the Buyer to inspect upon receipt, that all Goods delivered reflects exactly the items ordered.
Buyer must initiate any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after receiving the Goods.
Return or exchange requests must be made in writing directly to Ferris Wheel Press quoting order number and reasons for return. No returns or exchanges will be accepted without Ferris Wheel Press prior approval and delivery instructions for transport.
In the event of a return, return shipping will be paid by the Buyer. In the event of an exchange of merchandise, the Buyer is responsible for all shipping fees, both in shipping product back to Seller as well as the shipping of the new product to the Buyer.
If part of an order is delayed, defective or deficient, the order may only be remedied for that part of the order.
Seller does not authorize the Buyer to sell any merchandise that has been rejected due to defects.
For any goods returned as ‘unsuitable’ the Seller reserves the right to charge restocking fees. The Buyer may be charged a 15% restocking/cancellation fee.
No refunds will be processed. When applicable, a credit memo for a replacement will be issued to be used towards a future order.
If the Buyer modifies the Goods, the Goods are immediately ineligible for return or exchange.
Grounds for returns:
• Factory Defect;
• Shipping Damage if the shipping has been arranged by the Seller.
Any refunds, exchanges or returns requests made by the Buyer’s customers, shall be the responsibility of the Buyer and dealt with at the point of sale.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
Unsubscribing to our mailing list at: https://ferriswheelpress.us18.list-manage.com/unsubscribe?u=eb445a8d05cfe67ef6c2acb8e&id=ee41f3491d
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
7755 Warden Avenue, Unit 9, MARKHAM, ON, L3R 0N3, Canada
Intellectual Property rights inherent in the Goods remain the sole property of the Ferris Wheel Press.
You undertake to use the Brand Name and, if required by Ferris Wheel Press, Logo and provided Product Images when advertising Goods supplied by Ferris Wheel Press and anywhere the Goods are described or named including on websites, labels and invoices.
Ferris Wheel Press grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the Ferris Wheel Press Brand Name and, if applicable, Logo for the purposes mentioned above in this section.
Buyer must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property of Ferris Wheel Press.
Other than in special individual cases with prior written consent granted by the Seller, the Ferris Wheel Brand Name, Logo and Product Images cannot be altered.
Images provided by Ferris Wheel Press must not be published prior to date provided at the time of transmission to Buyer.
Unauthorized use of the Ferris Wheel Press Brand Name, Logo and Product Images may result in revocation of the license listed in Clause 9.3 of these Terms and Conditions. Ferris Wheel Press reserves the right to immediately terminate or suspend any delivery of shipments should such unauthorized use occur and Buyer will be informed by written notice.
Ferris Wheel Press shall not be liable:
•Where you have altered or modified the Goods, misapplied the Goods, not followed Ferris Wheel Press’ instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling.
•For loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;
•For any indirect or consequential loss of any kind.
Buyer agrees to indemnify and hold harmless Seller from and against, and to reimburse Seller with respect to any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including attorneys’ fees and court costs) asserted against or incurred by Seller by reason of or arising out of improper usage of Goods or breach of any covenant of Buyer set forth in this Agreement.
Termination of Agreement
The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer's financial condition become unsatisfactory to the Seller, the Seller may require cash payments or satisfactory securities for delivery of goods.
Ferris Wheel Press may terminate this agreement with immediate effect by giving written notice to you if:
•You have failed to comply with a written notice given by Ferris Wheel Press specifying a breach of the agreement and requiring you to remedy it within 3 days; or
• Being an individual, you are made bankrupt; or
• Being a company, you are placed in liquidation or receivership.
On termination, Ferris Wheel Press shall have the right to deal with the Goods at its absolute discretion.
Exclusion of Implied Warranties
Ferris Wheel Press shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim, not be responsible for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Seller. In any event, the maximum liability shall be equal to repayment by Ferris Wheel Press to the Buyer of the payment made for the delayed or defective part of the order.
Any transactions between the Buyer and the Seller are governed by the laws of Canada. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Ontario, Canada, for any claims or controversies arising in the sale of Goods by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.
Ferris Wheel Press and Buyer agree that upon the demand of either party, any claim or dispute between Ferris Wheel Press and Buyer and/or any of either parties' parent corporation's, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this Agreement. Ferris Wheel Press and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.
Buyer hereby acknowledges that they have read and understand the terms of this Arbitration Clause, and are voluntarily agreeing to its terms. Buyer also understands that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.
The Parties shall each bear their own costs and attorney's' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney's' fees of the other party during the arbitration, as is permitted under federal or provincial law, as a part of any remedy that may be ordered.
These terms and conditions may be amended or replaced from time to time by Ferris Wheel Press. Any order placed after such amendment is made will represent an agreement by you to be bound by the amended terms and conditions.