Welcome to Unique Cake Toppers
Unique Cake Toppers may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes. Your continued use of Unique Cake Toppers after changes are posted constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use, discontinue use or access to the service or site. It is your responsibility to check the site to determine if there have been changes to the Terms of Use and to review such changes.
Topics covered within our TUA, known as “Terms of Use Agreement” are as follows:
GENERAL TERMS
1. By accessing, browsing or using the Unique Cake Toppers website and all sub-domains, which are a service of Unique Cake Toppers, you are agreeing to be bound by the following terms and conditions (“Terms of Use” or “Agreement”) and policies as outlined within our Complete Policies List, whether you are a registered member of Unique Cake Toppers or a non-registered guest, either online or in person.
2. This document and other policies as listed below combine to make up our Terms of Use Agreement.
3. You must be the age of majority in your province and/or country or older otherwise you will not be able to enter into a legally binding contract to purchase goods or services from this site.
4. If you register as a business [corporation, proprietor, or partnership] on this site you must guarantee that you personally have the authority of the business to agree to the terms of use.
5. These terms shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the laws of Canada.
COMPLETE POLICIES LIST
When you buy from Unique Cake Toppers, you are supporting a Canadian small independent business. By making a purchase from Unique Cake Toppers, you agree that you have:
CONTACT
PAYMENT
STORE CURRENCY TYPE
SHIPPING / DELIVERY
This policy is part of our Terms of Use. By accessing our services, browsing or using the Unique Cake Toppers website, all subdomains or directories, which are a service of Unique Cake Toppers, you are agreeing to be bound by the following terms and conditions set out in our Terms of Use Agreement and the Privacy Policy, whether you are a registered member of Unique Cake Toppers or a non-registered guest. The shipping and Delivery Policy outlines the shipping and delivery obligations of Unique Cake Toppers and those of a potential buyer.
SHIPPING OF ITEMS
SHIPPING FEES
Shipping Fees will vary based on your location, the weight of your parcel and type of shipping method requested. Included in your quote will be an estimate of shipping costs that will outline the different types of shipping, both tracked and non tracked for you to choose.
TRACKING
It is strongly recommended that tracking is paid for as part of your shipping. Included in your quote will be an estimate of shipping costs that will outline the different types of shipping, both tracked and non tracked for you to choose. If you choose NOT to purchase additional tracking, Unique Cake Toppers will not be held liable for any lost, damaged, or missing shipments using non-tracked methods.
INTERNATIONAL SHIPPING
Currently we are shipping within Canada. If your country is outside of these locations, please make contact with us.
LOST / MISSING SHIPMENTS; (tracked)
If your order has not arrived within the time frame stated in Canada Posts Delivery Guide or stated times from courier/shipping carriers, please make contact using the contact form so a tracer can be requested, that is, so I can the shipper to try and locate where the parcel is within the Network. Please note that Unique Cake Toppers does not have visibility into courier/shipping carrier systems and can only rely upon what information is provided back, as such this process could take up-to 60 business days to investigate. Thank you for your understanding.
CLAIMS
All insurance claims are managed by the respective shipping company and are granted at their discretion. Please ensure that all your contact details are current at the time of placing the order as the shipping carriers may require those in the event they are needed. Claims are processed by couriers/shipping carriers on items that have tracked shipping. As part of the claims process, please ensure that you have all your original packaging and cake topper/s in your possession as they may request those as part of the claims process which is outside of Unique Cake Toppers authority- thank you for your understanding. If at any time you require assistance, please do not hesitate to make contact with us via the contact form.
RETURNS
This policy is part of our Terms of Use. By accessing our services, browsing or using the Unique Cake Toppers website, all subdomains or directories, which are a service of Unique Cake Toppers, you are agreeing to be bound by the following terms and conditions set out in our Terms of Use Agreement and the Privacy Policy, whether you are a registered member of Unique Cake Toppers or a non-registered guest.
If in the event your item received is damaged as a result of shipping, please contact Unique Cake Toppers immediately upon receipt via the contact form.
In order to assess where to next, Unique Cake Toppers will require that you send clear high-resolution photographs showing any damage to packaging as well as damage sustained to your Art Doll. Please refer to Insurance Claims within the Shipping policy for further instruction.
RESOLVING NON-DELIVERY DISPUTES
In the unlikely event that a dispute arises between a buyer and Unique Cake Toppers, if the dispute involves the non-delivery of an item, Unique Cake Toppers will ask the courier/shipping company to place a tracer on the package on your behalf. Please make contact via the contact form so that we may begin to work with you on a resolution. Please ensure that you provide the tracking number of your shipment.
NON QUALIFYING PURCHASES
There are certain dispute situations that Unique Cake Toppers considers non-qualifying purchases. These may include situations such as (but are not exclusive to);
Welcome to Unique Cake Toppers
We are dedicated to maintaining high standards of privacy and confidentiality with respect to the Personal Information we receive from our Registered Users and others, in accordance with our obligations under the Personal Information Protection (PIPEDA) and Electronic Documents Act and the Freedom of Information and Protection of Privacy Act (FIPPA).
This Privacy Policy (the “Policy”) applies to Unique Cake Toppers and forms part of the Terms of Use Agreement. The Terms of Use Agreement requires all account owners to be at least the age of majority, therefore, this policy does not discuss use of our Site or services by minors. For the purposes of this policy, “you” refers to a Registered User or other user of Unique Cake Toppers, such as ‘guest’. “Registered User” means an individual who has registered an account with Unique Cake Toppers using their personal details (first name), and e-mail address and personal and/or business address and telephone contact details.
This Policy details our practices concerning the collection, use and disclosure of Personal Information provided by Unique Cake Toppers. Our obligations apply to all of our officers, employees, agents or representatives who provide services to or on behalf of Unique Cake Toppers in connection with our delivery of products, services and information, as well as our website. We urge you to read this Policy to gain a clear understanding of how we may collect, use and disclose your Personal Information in the course of our delivery of products, services or information, or in the course of your use of our website(s).
If you do not consent to the collection, use and disclosure of your Personal Information in accordance with this Policy, do not provide us with any Personal Information. You also have the right to withdraw your consent to our collection, use and disclosure of your Personal Information at any time upon reasonable, advance notice. However, you cannot withdraw your consent retroactively. It is important to note that most of our products and services can only be provided if we receive the required Personal Information from you. Consequently, should you choose not to provide us with the required Personal Information, we may be unable to offer these products and services to you. Our privacy policy covers the following topics:
INFORMATION COLLECTED
Unique Cake Toppers collects Personal Information about those who register an account with us either through registering online, via users providing their contact information through electronic media, verbally over the telephone or in person, or, as a guest.
By accessing and browsing our website(s), you agree that we may collect, use and disclose any information we collect about you through our website(s) as described in this Policy.
A visitor to the Unique Cake Toppers website, or, its subdomains (https://uniquecaketoppers.ca) is not required to reveal any information such as name, street address or telephone number until such time as it is deemed necessary by you in order to fulfill an online or verbal order. We do not passively collect this information by electronic means. To access and use exclusive portions of the site, Registered Users need to provide certain Personal information. We use the information that we gather from you in a variety of ways. For example, if you purchase an item, your shipping information will be shared with our delivery agent/s and we will use your email address to communicate with you.
We collect information when a person voluntarily registers an account, completes an online form, event registration, online survey, or through registration to access secured content. We collect, use or disclose this information in a manner consistent with this Policy. We also collect email addresses during this online/offline process. You may indicate that you do not wish to receive unsolicited electronic communications from us. We comply with Canada’s Anti-Spam Legislation (CASL) with respect to the sending of commercial electronic messages.
Our web server automatically collects visitor information in the form of the visitor’s domain or Internet Protocol (IP) address, as well as information about the pages being accessed, the date and time of your visit to our websites, the documents that you downloaded (if any), the searches you performed, and the website you were on prior to visiting our website(s). We use this information to better serve visitors by managing our sites, diagnosing any technical problems, and improving the content of our website(s).
For the transfer and receipt of certain types of sensitive information such as financial information, visitors will be re-directed to a secure payment server. While we utilise the services of PayPal as our payment gateway processor, all information pertaining to your financial details are stored with PayPal and NOT with Unique Cake Toppers.
If conducting a transaction via E-Transfer, your issuing bank has your payment credentials, not Unique Cake Toppers. In order to utilise the services of E-Transfer within Canada your e-mail address to your own bank account as well as the challenge answer (if required) is the only available information we would collect in order to complete the transaction of payment, and address particulars for the purposes of shipping.
We do not store nor disclose any financial information as this is handled by third party payment processors and as such any such information would be handled by that respective organisation with their own processes and protocols in place.
PURPOSE OF COLLECTING PERSONAL INFORMATION
Unique Cake Toppers uses only fair and lawful methods to collect Personal Information. We collect certain information from you for the purposes of fulfilling our objectives and mandate. These purposes include:
USE OF PERSONAL INFORMATION
Our use of Personal Information is limited to the purposes described in this Policy, unless we expressly tell you otherwise. We do not otherwise sell, trade, barter, exchange or disclose for consideration any Personal Information we have obtained from you.
DISCLOSURE OF PERSONAL INFORMATION
As a general rule, we hold all information concerning a Registered User, users who choose to not register as well as those placing orders in person in strict confidence. Except in limited circumstances, we do not reveal this information to anyone unless you have expressly or implicitly authorised us to do so.
There are circumstances where the use and/or disclosure of Personal Information may be justified or permitted, or where Unique Cake Toppers is obliged to disclose information without consent. These circumstances may include:
CROSS-BORDER TRANSFER OF INFORMATION
Unique Cake Toppers may transfer Personal Information to a service provider which is located outside of Canada where privacy laws may offer different levels of protection from those in Canada. Your Personal Information may also be subject to access by and disclosure to the local courts, law enforcement and national security authorities under the applicable foreign legislation.
CONSENT
By providing your Personal Information to us, you agree that we may collect, use and disclose it in accordance with this Policy and as otherwise permitted or required by law. However, we may seek your consent to use or disclose Personal Information after it has been collected in cases where we wish to use or disclose the information for a purpose not previously identified or expressed in this Policy.
WITHDRAWAL OF CONSENT
You may withdraw your consent to us collecting, using and disclosing your Personal Information at any time, subject to reasonable notice and any legal and/or contractual restrictions.
You may, at any time, ask us not to send you further marketing materials about our services. If you do not wish to receive further communications, you may unsubscribe or contact us as set out in the Contact Information section below and ask that we not contact you for these purposes.
ACCURACY AND RETENTION OF PERSONAL INFORMATION
We endeavour to ensure that any Personal Information provided to us and in our possession is accurate, current and complete. If we become aware that Personal Information is inaccurate, incomplete, or, out of date, we will revise the Personal Information and, if necessary, use reasonable efforts to inform third parties. We do not actively maintain information of former Registered Users, Guests, or in person users and, for as long as we hold that information, we cannot assure the information is accurate.
We keep your Personal Information of a Registered User, Guest or In person user’s relationship with us, but it will only be held as long as it is necessary for us to communicate with you or to have sufficient information to respond to any issues that may arise. When we no longer require your Personal Information, we have procedures to securely destroy, delete or erase this information.
PROTECTION OF PERSONAL INFORMATION
We audit our procedures and security measures from time to time to ensure that they remain effective and appropriate. A “breach of security safeguards” is defined as the loss of, unauthorised access to or unauthorised disclosure of personal information resulting from a breach of an organisation’s security safeguards or from a failure to establish those safeguards.
In case of a breach of security safeguards involving your Personal Information under our control, we will notify you and the appropriate Privacy Commissioner(s) if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you, including physical, financial or reputational harm. We will also notify any other organisation or government institution that can reduce the risk or mitigate the harm from the breach.
ACCESS TO YOUR PERSONAL INFORMATION
You have the right to access and review the Personal Information we hold about you. We will endeavour to provide the information in question within a reasonable time. When we will not or cannot disclose information, we will provide the individual making the request the reasons for non-disclosure.
Despite our efforts, errors sometimes do occur. If you identify any Personal Information that is out-of-date, incorrect or incomplete, please contact us via our contqact form and we will make the corrections promptly. We will not charge you for verifying or correcting your Personal Information.
COOKIES AND SIMILAR TECHNOLOGIES
COOKIES
In browsing the Internet, you will encounter a technology called “cookies”, which are small data files that are saved to your device when you visit our website(s). These are commonly used to provide you specific information from a website, and to provide the website’s operator information about you.
We may use both session cookies and persistent cookies. A session cookie is a temporary file which is only active while you are on the website and is erased once you close your browser. Unlike a session cookie, a persistent cookie is not deleted when you close your browser and will remain on your device indefinitely (or, until such time as you manually delete those).
These cookies are used to improve navigation on websites and to collect aggregate statistical information. This information may be used for advertising and marketing initiatives after you conclude your session on the Unique Cake Toppers website.
The cookies may also track your activity on other websites or social media platforms that you visit after leaving the Unique Cake Toppers website. You may opt out of such tracking by adjusting the cookie settings on your browser.
ADJUSTING COOKIE SETTINGS ON YOUR BROWSER
Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent. However, doing so may prevent you from accessing all or part of our websites. If you wish to disable cookies on your browser, or be prompted prior to a cookie being loaded, you can do so by adjusting your browser’s settings. Consult each individual browser’s “help” feature for more information related to your own personal device/s being used.
LINKS TO OTHER WEBSITES
Our websites may contain links to other sites. This Policy only applies to Personal Information that we collect, use and disclose. We are not responsible or liable for the privacy practices of third parties, and we strongly recommend that you review their privacy policies before you disclose Personal Information to them.
DIGITAL MARKETING
From time to time, we may use cookies to track Unique Cake Toppers Newsletters you are opening and reading. We may also track the email links you are opening and reading, and other related information. This information helps us promote targeted goods and services to you. You may opt out of such tracking by adjusting the cookie settings on your browser. However, note that you cannot opt out of such tracking retroactively.
ELECTRONIC COMMUNICATIONS
Email is our preferred method of communicating with you and others. Unless you object, we may use plain text or HTML-based emails that may and/or not be encrypted when communicating with you. These emails, and other electronic communications from us, may contain information that is confidential or privileged, unless you instruct us not to send such information electronically.
While we make every effort to secure all electronic communications within our control, there are inherent risks involved with exchanging information electronically. For example, third parties may accidentally or deliberately intercept this information. We are unable to accept responsibility or liability for any damages you may suffer as a result of the interception, alteration or misuse of information during electronic exchanges.
POLICY CHANGES
This Policy is in effect as of March 10th, 2023. From time to time, we may review this Policy. We reserve the right to change this Policy, and any of our policies or procedures concerning our practices for handling Personal Information, at any time and without any prior notice.
In the event of changes to this Policy, we will post a notice on our website. Policy changes will apply to the information collected from the date of posting to the Unique Cake Toppers website, as well as to existing information in our records.
PRIVACY CONCERNS
We will promptly respond to questions and concerns relating to our Personal Information handling practices and this Policy and do our utmost to resolve your concerns. In every instance, we will consider our obligations with respect to your information, as well as our separate obligations under applicable privacy legislation. We may need to ask you for Personal Information to verify your identity.
Please direct your questions or concerns to us at the Contact Information listed below.
If we are unable to resolve your concerns to your satisfaction, you may contact the Privacy Commissioner of Canada by writing to:
The Privacy Commissioner of Canada 30 Victoria Street Gatineau, Quebec K1A 1H3
CONTACT INFORMATION
In the event of questions about:
i. Access to your Personal Information;
ii. Our collection, use, management or disclosure of Personal Information; or
iii. This Policy
Please contact Unique Cake Toppers by the contact form provided on the website.