Terms of service

Last updated: August 22, 2026

This website is operated by TheeUpCycler. Throughout these Terms of Service, the terms "TheeUpCycler," "we," "us," and "our" refer to TheeUpCycler.

These Terms of Service ("Terms") govern your access to and use of our website, online store, products, artwork, custom and commissioned work, services, content, and related offerings (collectively, the "Services").

By accessing our website, purchasing a product, placing an order, paying a deposit, commissioning work, submitting information, or otherwise using our Services, you agree to these Terms together with our Privacy Policy, Returns, Refunds & Cancellations Policy, Shipping Policy, and any additional written agreement applicable to your order.

Please read these Terms carefully before making a purchase.

Nothing in these Terms excludes, restricts, or modifies a consumer right, statutory guarantee, warranty, cancellation right, privacy right, or legal remedy that cannot lawfully be excluded, restricted, or modified under applicable law.

1. About TheeUpCycler

TheeUpCycler is an Alberta, Canada-based creator and seller of original artwork, sculpture, upcycled and reclaimed creations, custom work, commissioned work, and related products.

Many of our pieces are handmade, one-of-a-kind, limited, oversized, created from reclaimed materials, or produced specifically for an individual customer.

As a result, variations between pieces and differences from conventional mass-produced goods are normal and may be intentional elements of the work.

Our online store is hosted by Shopify, which provides the ecommerce platform used to offer products and Services online.

2. Eligibility to Purchase

By placing an order, you represent that you are legally capable of entering into a binding agreement in your jurisdiction.

If you permit another person, including a minor, to use your account, device, or payment method, you are responsible for purchases made through that access to the extent permitted by law.

You may not use our website, products, or Services for an unlawful or unauthorized purpose.

3. Product Descriptions & Handmade Characteristics

We make reasonable efforts to accurately describe and photograph our work.

Many TheeUpCycler creations are handmade and constructed using reclaimed, salvaged, recycled, repurposed, vintage, or naturally varying materials.

Individual pieces may contain:

• Variations in colour, tone, or texture
• Patina, oxidation, or weathering
• Scratches, dents, marks, or signs of previous use
• Visible welds or fabrication characteristics
• Irregular surfaces or naturally varying materials
• Minor dimensional variations
• Other characteristics inherent to handmade or reclaimed work

These characteristics may be intentional elements of the artwork and are not automatically defects.

Where an item is represented as one-of-a-kind, the item photographed will generally be the item offered unless otherwise stated.

For custom, commissioned, or made-to-order work, photographs of previous pieces may be examples rather than exact representations of the final work.

4. Colours, Images & Display Differences

We make reasonable efforts to display colours and images accurately.

Colours and appearance may vary depending on screen settings, device, photography, lighting, environment, and the natural characteristics of the materials used.

We cannot guarantee that a device or monitor will reproduce the exact physical colour or appearance of an item.

Minor differences between online photographs and the physical artwork are not automatically defects or grounds for a return.

5. Measurements, Weight & Access

Dimensions and weights provided on our website are intended to be reasonably accurate but may be approximate unless specifically stated otherwise.

Handmade work may vary slightly from published measurements.

Customers are responsible for confirming that an item will fit through doors, gates, elevators, stairways, driveways, loading areas, and other access points, and that the intended placement or installation location is suitable for the item's size and weight.

For large pieces, we strongly recommend confirming access and placement requirements before ordering.

TheeUpCycler is not responsible for an item failing to fit a customer's intended location where the dimensions provided by us were materially accurate.

6. Prices, Taxes & Charges

Prices are shown in the currency displayed by the website at the time of purchase.

Prices may change before an order is accepted.

Applicable taxes, shipping charges, freight charges, and other mandatory amounts collected by TheeUpCycler will be disclosed as required during the purchase process.

International customers may also be responsible for import duties, VAT, tariffs, brokerage, customs, and other charges imposed by governments or third parties, as described in our Shipping Policy.

We reserve the right to correct genuine pricing, calculation, or listing errors.

If a material pricing error affects an order that has already been submitted, we may contact you before fulfillment and, where permitted by law, offer the option of proceeding at the corrected price or cancelling the affected item for a refund of the amount paid for that item.

7. Orders & Acceptance

Submitting an order does not necessarily mean that we have accepted it.

Where permitted by law, we may refuse, hold, or cancel an order for legitimate reasons including:

• Product unavailability
• Suspected fraud or unauthorized payment activity
• Payment problems
• Material pricing or listing errors
• Inability to safely or lawfully ship the item
• Delivery restrictions
• Import or export restrictions
• Legal or regulatory restrictions
• Circumstances making fulfillment impractical or unsafe

If TheeUpCycler cancels an order and no amount is legitimately owing or non-refundable under an applicable agreement, the appropriate payment will be refunded.

8. Payment Authorization, Fraud & Chargebacks

TheeUpCycler takes payment fraud, identity misuse, unauthorized transactions, and fraudulent or abusive chargebacks seriously.

By placing an order, you represent that:

• You are authorized to use the payment method provided
• Billing and contact information supplied is accurate
• The transaction is made by you or with authorization from the lawful payment-method holder
• You are not using the transaction for fraudulent, deceptive, or unlawful purposes

We may use payment-provider verification, address verification, fraud-prevention tools, identity verification, or other reasonable measures before accepting, producing, or shipping an order.

Orders involving suspected fraud, identity misuse, stolen payment information, payment manipulation, or other suspicious activity may be delayed, cancelled, held for verification, or refused where permitted by law.

Chargebacks & Payment Disputes

Customers retain all legitimate rights available through their financial institution, payment provider, card issuer, and applicable consumer law.

A chargeback or payment dispute does not automatically create a right to a refund, cancellation, return, or exchange where one would not otherwise exist.

Where a payment dispute is opened, TheeUpCycler may respond to and contest the dispute and provide relevant supporting evidence to Shopify, payment processors, financial institutions, card networks, insurers, or other parties involved in resolving the dispute.

Evidence may include:

• Order and payment records
• Invoices and receipts
• Customer communications
• Custom design approvals
• Contracts and project agreements
• Deposit records
• Work-in-progress and finished-project photographs
• Shipping records and carrier scans
• Tracking and proof of delivery
• Delivery photographs or signatures where available
• Other information reasonably relevant to the dispute

Chargeback Abuse & Recovery

Knowingly making a materially false claim that a legitimate purchase was unauthorized, not received, cancelled, not as described, or otherwise invalid may constitute chargeback abuse or fraud.

Where a chargeback or payment reversal results in funds being withdrawn but an underlying amount remains legally owing, TheeUpCycler reserves the right to seek recovery of that amount through lawful means.

Where permitted by applicable law and payment-network rules, this may include documented costs reasonably incurred as a direct result of fraudulent or abusive payment activity.

Nothing in this section prevents a customer from reporting a genuinely unauthorized transaction or exercising a legitimate statutory or payment-card dispute right in good faith.

9. Deposits

All deposits are non-refundable except where applicable law requires otherwise.

Deposits may be required for custom work, commissioned artwork, special orders, large projects, material sourcing, fabrication scheduling, design work, or other work.

Deposits may be used to:

• Reserve production time
• Begin design or planning work
• Source or purchase materials
• Secure subcontractors
• Schedule fabrication
• Prepare drawings or concepts
• Allocate equipment or project capacity

By paying a deposit, the customer authorizes TheeUpCycler to begin committing time and resources to the project.

Deposits remain non-refundable if a customer changes their mind, delays or abandons the project, fails to provide required information, cancels the project, or otherwise chooses not to proceed, subject to mandatory applicable law.

10. Custom, Commissioned & Made-to-Order Work

Custom, commissioned, personalized, modified, special-order, and made-to-order work is created specifically for an individual customer.

Unless applicable law requires otherwise, custom, commissioned, personalized, modified, special-order, and made-to-order work is final sale.

Before production, customers are responsible for reviewing and approving applicable measurements, designs, materials, colours, text, spelling, placement, concepts, mounting requirements, and other specifications.

TheeUpCycler is not responsible for errors resulting from inaccurate customer-supplied measurements, spelling, specifications, reference materials, or other information.

11. Artistic Discretion

Commissioning handmade artwork is not the same as purchasing a factory-produced object.

Unless otherwise agreed in writing, custom and commissioned work may involve reasonable artistic discretion in composition, texture, patina, fabrication technique, material selection, finishing, positioning, minor dimensions, colour variation, and interpretation of the approved concept.

A customer's subjective preference after completion does not automatically mean the work is defective or does not conform to the agreement.

Where an exact specification is essential, it should be agreed upon in writing before production.

12. Changes to Custom Projects

Customer-requested changes after design approval or after production begins may result in additional charges and additional production time.

TheeUpCycler may provide a revised estimate before proceeding with a material change.

If previously approved work must be removed, rebuilt, replaced, repurchased, or substantially altered because of a customer-requested change, the customer may be responsible for the resulting costs.

13. Project Timelines

Completion dates for handmade and commissioned artwork are estimates unless expressly guaranteed in writing.

Production may be affected by material availability, supplier delays, weather, equipment issues, subcontractor availability, customer changes, customer approval delays, illness, emergencies, transportation disruption, or other circumstances outside our reasonable control.

We will make reasonable efforts to communicate significant delays.

Mandatory consumer rights concerning delivery or prolonged non-performance remain unaffected.

14. Final Payment & Ownership

Unless otherwise agreed in writing, any remaining balance on custom or commissioned work must be paid before the finished work is shipped, released, delivered, or installed.

To the extent permitted by law, ownership of the physical artwork does not transfer until amounts owing for the work have been paid in full.

TheeUpCycler may withhold shipment, delivery, installation, or release of work while an undisputed amount remains unpaid.

15. Unpaid or Uncollected Custom Work

If completed custom or commissioned work remains unpaid, uncollected, or undeliverable because of the customer's actions, TheeUpCycler may provide notice requiring the customer to arrange payment and collection or delivery.

Reasonable storage charges may apply where disclosed or agreed upon.

Unpaid, abandoned, or uncollected property will be dealt with in accordance with applicable law.

16. Shipping & Delivery

TheeUpCycler ships within Canada, to the United States, and internationally where shipping is reasonably available and lawful.

Shipping and delivery times are estimates unless expressly guaranteed in writing.

Large, heavy, oversized, or unusually shaped artwork may require freight transportation, crating, palletization, specialized handling, curbside delivery, or scheduled delivery appointments.

Customers are responsible for providing accurate delivery and contact information and for advising TheeUpCycler before shipment of known delivery restrictions or access issues that could reasonably affect delivery.

Our Shipping Policy forms part of these Terms and contains additional shipping, freight, customs, damage, tracking, and delivery provisions.

17. International Shipping, Customs & Imports

Customers ordering outside Canada are responsible for ensuring that the purchased item may legally be imported, possessed, installed, and used in the destination country.

International shipments may be subject to:

• Import duties or tariffs
• Customs charges
• VAT or other consumption taxes
• Sales taxes
• Brokerage charges
• Clearance or inspection fees
• Storage charges
• Other government, customs, postal, freight, or carrier charges

Unless specifically collected at checkout or otherwise expressly stated, these charges are the responsibility of the recipient.

Customs or border authorities may inspect, open, hold, or delay shipments. TheeUpCycler does not control customs processing and cannot guarantee customs-clearance times.

Customers are responsible for providing information or documentation reasonably required from the recipient for customs or import clearance.

18. Returns, Refunds, Exchanges & Cancellations

Our Returns, Refunds & Cancellations Policy forms part of these Terms.

Unless applicable law requires otherwise, all sales are final.

TheeUpCycler does not offer a general right to return, exchange, or obtain a refund because of change of mind, buyer's remorse, personal preference, decorating changes, incorrect customer measurements, or similar reasons.

TheeUpCycler may, at its sole discretion, approve a return, exchange, or refund in exceptional circumstances where no statutory right otherwise exists.

Approval in one case does not create a general right to returns or an obligation to approve another request.

Discretionary Returns

Unless TheeUpCycler expressly agrees otherwise in writing or applicable law prohibits the fee, any discretionary return approved by TheeUpCycler is subject to a 30% restocking fee.

Any discretionary return must receive prior authorization. Unauthorized returns may be refused.

The customer is responsible for return packaging, crating, shipping, freight, tracking, insurance, brokerage, and customs documentation associated with a discretionary return.

Shipping Costs

Original shipping, freight, delivery, crating, handling, brokerage, customs, duties, expedited shipping, and other transportation-related charges are non-refundable except where applicable law expressly requires otherwise.

Custom Work & Deposits

Custom, commissioned, personalized, modified, special-order, and made-to-order work is final sale except where applicable law requires otherwise.

Deposits are non-refundable except where applicable law requires otherwise.

19. Canadian Consumer Rights

TheeUpCycler is based in Alberta, Canada and transactions may be subject to applicable federal and provincial consumer-protection legislation.

Nothing in these Terms limits a statutory cancellation, delivery, warranty, repair, replacement, refund, or other remedy that cannot lawfully be waived.

For internet sales, required information concerning the merchant, products, pricing, shipping, additional charges, payment, delivery, cancellation, refunds, and other material terms will be disclosed as required by the law applicable to the transaction.

Where applicable law requires the customer to receive an electronic or written copy of the transaction or contract, TheeUpCycler will provide such confirmation as required.

20. Quebec Customers

Consumers in Quebec may have mandatory rights under Quebec consumer-protection and language legislation.

Nothing in these Terms restricts any right available to a Quebec consumer that cannot legally be waived.

Where Quebec law requires that a consumer contract, contract of adhesion, mandatory disclosure, or related document be presented or made available in French, TheeUpCycler will comply with the applicable requirement.

If a French version is required by applicable law, the customer's agreement to an English-language version will only be sought in accordance with those requirements.

21. United States Customers

Customers in the United States may have mandatory rights under applicable federal, state, or local consumer-protection legislation.

TheeUpCycler's general policy is that all sales are final except where applicable law requires otherwise or TheeUpCycler expressly approves a discretionary return or refund.

Nothing in these Terms eliminates a mandatory remedy concerning defective, materially misrepresented, undelivered, incorrectly supplied, damaged, or otherwise legally protected goods.

Where applicable state law requires a final-sale, no-refund, limited-refund, or other return policy to be disclosed before purchase, TheeUpCycler will provide the required disclosure.

22. European Union Consumers

Where TheeUpCycler offers goods to a consumer in the European Union and applicable EU consumer law governs the transaction, mandatory EU consumer rights take priority over conflicting provisions of these Terms.

14-Day Right of Withdrawal

For eligible distance purchases, an EU consumer generally has 14 days after receiving the goods to withdraw from the contract without giving a reason.

The consumer must notify TheeUpCycler of the decision to withdraw within the applicable withdrawal period.

Where required by applicable law, TheeUpCycler will provide or make available the legally required means of exercising the withdrawal right.

Return Costs & Reimbursement

For an eligible statutory withdrawal, the consumer is responsible for the direct cost of returning the goods where the consumer was properly informed of that responsibility before purchase.

For goods that cannot normally be returned by post because of their size or nature, information or a reasonable estimate concerning the direct return cost will be provided where required by applicable law.

Where required by applicable law, TheeUpCycler will reimburse the purchase price and standard outbound delivery charges.

Additional amounts paid for premium or expedited delivery above the cost of standard delivery need not be refunded where applicable law permits.

Reimbursement may be withheld until TheeUpCycler receives the goods back or receives evidence that the goods were returned, where permitted by law.

The consumer may be responsible for diminished value caused by handling beyond what is reasonably necessary to establish the nature, characteristics, and functioning of the goods.

Custom & Personalized Goods

The statutory withdrawal right generally does not apply to goods made to the consumer's specifications or goods that are clearly personalized, subject to applicable law.

Many TheeUpCycler commissions, custom sculptures, personalized pieces, and made-to-order products may fall within this exception.

Defective or Non-Conforming Goods

EU consumers may have mandatory statutory rights concerning goods that are defective, damaged, do not conform to the contract, or do not match their description.

Where applicable EU law provides a legal guarantee or mandatory remedy, those rights are not limited by TheeUpCycler's final-sale policy.

Depending on the circumstances and applicable law, remedies may include repair, replacement, price reduction, or refund.

23. United Kingdom Consumers

Customers in the United Kingdom may have mandatory statutory cancellation, delivery, conformity, repair, replacement, price-reduction, and refund rights.

For eligible distance purchases, applicable UK law may provide a statutory cancellation period beginning after the goods are received.

Custom-made, personalized, and certain other products may be excluded from statutory cancellation rights where permitted by law.

Where UK consumer law provides a mandatory right that conflicts with these Terms, the mandatory right will govern.

24. Other International Customers

Customers in other countries or regions may have mandatory rights concerning cancellation, delivery, warranties, defective or non-conforming goods, refunds, repairs, replacements, privacy, or other matters.

Nothing in these Terms is intended to waive a mandatory consumer right that cannot legally be waived.

Where mandatory local consumer law provides greater protection than these Terms, the mandatory law will apply to the extent required.

25. Refused, Unclaimed & Undeliverable Shipments

Refusing delivery, failing to collect a shipment, providing an incorrect or incomplete address, failing to cooperate with a carrier or customs authority, or refusing to pay applicable import charges does not automatically cancel the order.

Where permitted by law, customers may remain responsible for costs actually incurred as a result, including original shipping, return shipping, brokerage, customs charges, tariffs or duties charged back to TheeUpCycler, storage charges, and carrier expenses.

Any discretionary refund is governed by our Returns, Refunds & Cancellations Policy, including the applicable 30% restocking fee where permitted.

Custom, commissioned, personalized, and made-to-order products may remain final sale.

26. Shipping Damage

Customers should inspect shipments as soon as reasonably possible after delivery.

If an item appears damaged, contact TheeUpCycler promptly.

We may require photographs or records showing:

• The artwork
• Exterior packaging
• Interior packaging
• Shipping labels
• Crates or pallets
• Visible damage

Do not discard packaging while a shipping-damage claim is being investigated.

Do not return or dispose of damaged artwork without instructions from TheeUpCycler.

27. Installation & Placement

Unless installation is specifically included in a written agreement, the customer is responsible for installation and placement.

Large sculptures and outdoor artwork may require professional installation, anchoring, foundations, engineering, electrical work, permits, specialized equipment, or qualified tradespeople.

The customer is responsible for determining whether:

• The installation location is suitable
• The structure or ground can support the artwork
• Required clearances exist
• Anchoring is adequate
• Utilities are safely located
• Permits, engineering, or regulatory approvals are required
• Professional installation is appropriate

To the extent permitted by law, TheeUpCycler is not responsible for damage, injury, or loss caused by improper installation, mounting, anchoring, placement, modification, or work performed by persons not under TheeUpCycler's control.

28. Outdoor Artwork & Weathering

Outdoor artwork is exposed to weather, temperature, moisture, sunlight, wind, snow, ice, soil conditions, vegetation, animals, and other environmental factors.

Customers should expect outdoor pieces to change over time, which may include:

• Oxidation or rust
• Fading
• Patina
• Weathering
• Surface changes
• Expansion and contraction
• Normal wear

Such changes are not automatically defects.

29. Maintenance

Artwork may require maintenance depending on its materials, environment, installation, and use.

Maintenance may include cleaning, tightening hardware, inspecting anchors, treating surfaces, protecting finishes, addressing corrosion, or other reasonable upkeep.

To the extent permitted by law, TheeUpCycler is not responsible for deterioration resulting from neglect, misuse, improper maintenance, unauthorized modification, unsuitable placement, or failure to address reasonably apparent maintenance issues.

30. Safety

Some TheeUpCycler creations may be large, heavy, irregularly shaped, mechanically complex, or intended primarily as artwork.

Customers are responsible for reasonable care when handling, moving, displaying, installing, and maintaining artwork.

Unless specifically designed and represented for such use, artwork should not be climbed on, hung from, entered, ridden, used as playground equipment, or used for a purpose for which it was not designed.

Children and animals should be appropriately supervised around large, heavy, sharp, moving, electrical, or potentially hazardous artwork.

31. Product Safety & Regulatory Requirements

TheeUpCycler will comply with mandatory product-safety, labeling, traceability, recall, and market-access requirements that apply to products and jurisdictions in which applicable law requires compliance.

Certain countries or regions may impose additional product-safety, responsible-person, importer, economic-operator, labeling, technical-documentation, or traceability requirements.

Availability of a shipping destination on the website does not guarantee that every product is eligible for lawful import or sale in that jurisdiction.

TheeUpCycler may decline or cancel a shipment where regulatory, safety, customs, or market-access requirements cannot reasonably be satisfied.

32. Intellectual Property & Artist Rights

Purchasing physical artwork does not automatically transfer copyright, trademark rights, reproduction rights, commercial licensing rights, or other intellectual-property rights in the design.

Unless expressly agreed otherwise in writing, TheeUpCycler and/or the applicable creator retains intellectual-property rights in original designs, photographs, drawings, concepts, and creative works to the extent provided by law.

The purchaser may own the physical object without owning copyright or commercial reproduction rights associated with it.

Customers may not reproduce, manufacture, commercially exploit, license, or sell copies of protected TheeUpCycler designs without appropriate written permission.

33. Photography of Our Work

Unless otherwise agreed in writing, TheeUpCycler may photograph or record artwork it creates before delivery or installation and may use images of the artwork for portfolio, archival, website, social-media, exhibition, and promotional purposes, subject to applicable privacy, confidentiality, and intellectual-property law.

We will not intentionally publish private customer information merely because it appears in connection with a project.

Photography or video involving identifiable individuals will be handled according to applicable consent and privacy requirements.

34. Customer-Supplied Designs & Materials

If a customer provides photographs, artwork, logos, trademarks, text, designs, plans, reference material, or other content for use in a project, the customer represents that they have the legal right to provide and authorize use of that material.

The customer is responsible for third-party claims arising from customer-supplied materials where their authorized use by TheeUpCycler infringes copyright, trademark, privacy, publicity, or other third-party rights.

TheeUpCycler may refuse to reproduce or incorporate material it reasonably believes is unlawful or infringes third-party rights.

35. Privacy

Our collection, use, disclosure, retention, transfer, and protection of personal information is governed by our Privacy Policy.

Our Privacy Policy forms part of these Terms.

36. Third-Party Services

Our website and business may rely on third parties including Shopify, payment processors, shipping carriers, freight companies, customs brokers, communications providers, and other service providers.

We are not responsible for independent acts, omissions, availability, policies, or services of third parties that we do not control, except where applicable law provides otherwise.

Your direct use of third-party services may also be governed by their terms and privacy policies.

37. Third-Party Links

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience and do not necessarily constitute endorsement.

TheeUpCycler is not responsible for the content, security, availability, or independent practices of third-party websites.

38. Website Availability & Errors

We do not guarantee that the website will always be uninterrupted, error-free, secure, or available.

We may modify, suspend, maintain, or discontinue portions of the website or Services where reasonably necessary.

We may correct typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or other information.

Nothing in this section allows TheeUpCycler to remove a mandatory consumer right or materially alter an accepted transaction contrary to applicable law.

39. Prohibited Uses

You may not use our website or Services to:

• Engage in unlawful activity
• Commit or facilitate fraud
• Infringe intellectual-property rights
• Submit materially false or misleading information
• Impersonate another person
• Attempt unauthorized access to systems or accounts
• Transmit malicious software or harmful code
• Unlawfully collect or harvest personal information
• Interfere with website security or operation
• Harass, threaten, or abuse others

We may restrict access where we reasonably believe these Terms have been materially violated.

40. Warranties & Statutory Guarantees

To the maximum extent permitted by law, no warranty is provided beyond any express written warranty supplied by TheeUpCycler and any warranty, condition, guarantee, conformity obligation, or statutory right imposed by applicable law.

Nothing in these Terms excludes or limits a statutory warranty, legal guarantee, conformity right, or other consumer protection that cannot legally be excluded or limited.

41. Limitation of Liability

To the maximum extent permitted by applicable law, TheeUpCycler and its owners, employees, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential losses arising from the use of our website, Services, or products.

This may include, where legally permitted, loss of profits, loss of business, loss of opportunity, loss of data, or similar indirect economic loss.

For a claim arising from a particular purchase, and only to the extent permitted by law, TheeUpCycler's aggregate liability will not exceed the amount actually paid to TheeUpCycler for the product or Service giving rise to the claim.

These limitations do not apply where liability cannot lawfully be excluded or limited.

42. Misuse, Modification & Improper Installation

To the extent permitted by law, TheeUpCycler is not responsible for injury, damage, or loss caused by improper installation, inadequate anchoring, unauthorized modification, misuse, failure to maintain the product, use for a purpose for which it was not designed, failure to follow supplied instructions, unsafe site conditions outside our control, or work performed by an installer or contractor not under TheeUpCycler's control.

This provision does not exclude liability that cannot lawfully be excluded.

43. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless TheeUpCycler from third-party claims, damages, liabilities, and reasonable legal costs resulting directly from your unlawful use of the Services, material breach of these Terms, infringement of another person's rights, customer-supplied materials that infringe third-party rights, or unauthorized modification or misuse of a product.

This section does not require a consumer to indemnify TheeUpCycler for TheeUpCycler's own negligence, misconduct, or violation of law where such liability cannot legally be shifted.

44. Events Outside Our Reasonable Control

TheeUpCycler will not be responsible for delay or failure to perform caused by circumstances outside our reasonable control, including natural disaster, wildfire, severe weather, flood, epidemic, war, civil disturbance, labour disruption, government action, transportation interruption, border closure, supplier failure, material shortage, utility interruption, or other extraordinary circumstances.

Affected obligations may be delayed for a reasonable period where permitted by law.

Mandatory consumer rights concerning excessive delay, failed performance, or cancellation remain unaffected.

45. Communications

Customers are responsible for providing accurate and current contact information.

We may communicate regarding orders, projects, accounts, payment, approvals, delivery, disputes, or other transactional matters using contact information provided by the customer.

Marketing communications are governed by applicable consent requirements and our Privacy Policy.

46. Governing Law

These Terms and transactions with TheeUpCycler are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Where legally permitted, disputes may be brought before the courts of Alberta, Canada.

This section does not deprive a consumer residing in another jurisdiction of a mandatory protection, jurisdictional right, or legal remedy that applicable law does not permit the parties to waive.

47. Dispute Resolution

If a dispute arises, we encourage customers to contact TheeUpCycler so that the matter can first be reviewed and, where possible, resolved directly.

Before commencing legal proceedings, the parties are encouraged, where reasonable, to attempt good-faith informal resolution.

Nothing in this section prevents either party from exercising an urgent legal remedy, statutory consumer right, regulatory complaint, lawful chargeback, or other right that cannot legally be restricted.

48. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

49. No Waiver

If TheeUpCycler does not immediately enforce a provision of these Terms, that does not automatically mean the right to enforce that provision has been waived.

A waiver applies only to the circumstances for which it was validly given.

50. Entire Agreement & Project-Specific Agreements

These Terms, together with our Privacy Policy, Returns, Refunds & Cancellations Policy, Shipping Policy, applicable product information, quotes, invoices, and any written custom or commission agreement constitute the agreement governing the applicable transaction.

Custom or commissioned projects may be subject to additional project-specific terms addressing design, dimensions, deposit, payment schedule, production, installation, ownership, shipping, maintenance, intellectual property, or other project requirements.

Where a valid project-specific written agreement expressly conflicts with these general Terms, the project-specific agreement will govern that project to the extent of the conflict, subject to mandatory applicable law.

51. Changes to These Terms

We may update these Terms periodically to reflect changes to our business, Services, technology, policies, or legal obligations.

The current version will be posted on our website with a revised "Last updated" date.

Changes apply prospectively unless applicable law permits otherwise.

A change to these Terms will not retroactively remove a right relating to an accepted transaction where doing so would be unlawful.

52. Contact Information

Questions regarding these Terms of Service may be directed to:

TheeUpCycler
Box 14
Falun, Alberta T0C 1H0
Canada

Email: dave@theeupcycler.com
Phone: 1 (403) 963-2774