Terms & Conditions

Data Protection and Privacy Policy 

  1. Preamble 

1964 Brand DBA NSFB INC respects your privacy and is committed to protecting your data. 

  • Introduction

This Data Protection and Privacy Policy (the “Privacy Policy”) describes your privacy rights regarding the 1964 Brand Limited’s (“we”, “us” or “our”) collection, use, storage, sharing and protection of your personal information. It applies to our website and all related sites, applications, services and tools (“Services”) regardless of how you access or use them. 

This Privacy Policy applies to all forms of systems, operations and processes within our environment that involve the collection, storage, use, transmission and disposal of Personal Information (described below). It is provided to help you understand what information we collect from you, how the information collected is used, how we protect it, and your rights to it, amongst others.  

This Privacy Policy is strictly restricted to only our Services and therefore does not apply to services that are not owned or controlled by us, including third-party websites. We are committed to handling all Personal Information provided to us in compliance with both applicable and model data protection and privacy laws. 

  • Consent

By using our Services in any manner, you confirm to us that you have read and accept this Privacy Policy and consent to the data practices described in this Privacy Policy. If you do intend to accept this Privacy Policy or do not meet or comply with the provisions set forth herein, then you may not use our Services.

  • The Information We Collect
  1. Personal Information

As part of our operations, we collect and processes certain types of information (such as name, telephone numbers, address etc.) of individuals that makes them easily identifiable. These individuals include current, past and prospective registered users, prospective users, newsletter applicants, any and all other persons that in one way or the other interact with our Services (“Users”) and other individuals whom we communicate or deal with, jointly and/or severally.

To use our Services, you will be required and hereby undertake to voluntarily provide us with certain Personal Information. Personal Information refers to information relating to an identified person or information that can be used to identify you, (e.g., name, email address, telephone number). It may also include anonymous information that may be linked to you specifically, (e.g., IP address).

We use your Personal Information to:

  1. provide you with the required Services
  2. respond to your questions or requests
  3. improve features, website content and analyse data to develop products and services
  4. address inappropriate use of our Services
  5. prevent, detect and manage risk against misinformation, wrong use and illegal activities using internal and third-party screening tools
  6. send you marketing content, newsletters and service updates curated by us, however, we will provide you with an option to unsubscribe if you do not want to hear from us
  7. verify your identity and the information you provide in line with our statutory obligations using internal and third-party tools
  8. maintain up-to-date records
  9. resolve disputes that may arise, including investigations by law enforcement or regulatory bodies
  10. any other purpose that we disclose to you while providing our Services to you

We may retrieve additional Personal Information about you from third parties and other identification/verification services. With your consent, we may also collect additional Personal Information in other ways including emails, surveys, and other forms of communication. Once you begin using our Services, we will keep records of and collect information regarding your activities as it relates to our Services. We will not share or disclose your Personal Information with a third party without your consent except as may be required for the purpose of providing you with our Services or under applicable legislations.

  • Information that we collect from website visitors not Users

As a visitor to our website, we do not collect your Personal Information. However, so we can monitor and improve our website and Services, we may collect non-personally identifiable information. We will not share or disclose this information with third parties except as a necessary part of providing our Services. We may, where applicable, use the information to target advertisements to you.  

  • Purpose Limitation

We collect Personal Information only for identified purposes and for which consent has been obtained. Such Personal Information cannot be reused for another purpose that is incompatible with the original purpose, except consent is obtained for such purpose

  • Data Minimization

We limit Personal Information collection and usage to data that is relevant, adequate, and absolutely necessary for carrying out the purpose for which the data is processed. We will evaluate whether and to what extent the processing of Personal Information is necessary and where the purpose allows, anonymized data will be used.

  • Cookies

We use cookies to identify you as a User and make your user experience easier, customise our Services, content and advertising and where applicable help you ensure that your account security is not compromised. We also use cookies to mitigate risk and prevent fraud, promote trust and safety on our website. Cookies allow our servers to remember IP addresses, date and time of visits, monitor web traffic and prevent illegal activities.

Our cookies do not store personal or sensitive information.  They simply hold a unique random reference to you so that once you visit our website, we can recognize who you are and provide certain content to you. If your browser or browser add-on permits, you have the choice to disable cookies on our website, however this may impact your experience with using our website.

  • How We Protect Your Information

We shall establish adequate controls in order to protect the integrity and confidentiality of your Personal Information, both in digital and physical format and to prevent your Personal Information from being accidentally or deliberately compromised.

We are committed to managing your Personal Information in line with global industry best practices. We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, we also use industry recommended security protocols to safeguard your Personal Information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files and only granting access to your Personal Information to only employees who require it to fulfil their job responsibilities. No Personal Information processing will be undertaken by an employee who has not been authorized to carry such out as part of their legitimate duties.

  • How We Share the Personal Information You Provide

We do not sell, trade or rent Personal Information to anyone. However, to enable us render our Services to you on our website, we may share your information with trusted third parties, such third parties include sanctions screening and identity verification services as well as any third parties that you have directly authorized to receive your Personal Information.

We may disclose your Personal Information in compliance with applicable law or a legal obligation to which we are bound. Please note that third-party sites you engage with through our Services will have their privacy policies, and we are therefore not responsible for their actions, including their information protection practices. The use of your information by such third party will be subject to their applicable privacy policy, which you should carefully review.

  • Transfer of Personal Information
  1. Third Party Processor

We may engage the services of third parties to process your Personal Information. The processing by such third parties shall be governed by a written contract with us to ensure adequate protection and security measures are put in place by the third party for the protection of Personal Information in accordance with the terms of this Privacy Policy.

  • The Data that We Retain

We will retain your Personal Information for as long as is needed to provide our Services to you, comply with our legal and statutory obligations or verify your information with the required verification authorities. Therefore, even after discontinuance of our Services, we will retain certain Personal Information and transaction data to comply with our legal and regulatory obligations. All Personal Information shall be destroyed by us where we have satisfied the legal retention timeframe.

For all Personal Information and records obtained, used and stored by us, we shall perform periodical reviews of the data retained to confirm the accuracy, purpose, validity and requirement to retain. The length of storage of your Personal Informaiton shall, amongst other things, be determined by:

  1. the contract terms agreed between us or as long as it is needed for the purpose for which it was obtained; or
  2. whether the transaction or relationship has statutory implication or a required retention period; or
  3. whether there is an express request for deletion of the Personal Information by you, provided that such request will only be treated where you are not under any investigation which may require us to retain such Personal Information or there is no subsisting contractual arrangement with you that would require the processing of the Personal Information; or
  4. whether we have another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
  • Choices and Rights

Once your Personal Information is held by us, you are entitled to reach out to us to exercise the following rights:

  1. the right to request for and access your Personal Information collected and stored. Where data is held electronically in a structured form, such as in a Database, you have a right to receive that data in a common electronic format,
  2. the right to information on your Personal Information collected and stored,
  3. the right to objection or request for restriction,
  4. the right to object to automated decision making,
  5. the right to request rectification and modification of your Personal Information which we keep,
  6. the right to request for the deletion of your data,
  7. the right to request the movement of your data from us to a third party called the right to the portability of data; and
  8. the right to object to, and to request that we restrict the processing of your Personal Information. We shall inform you of the effect of such restrictions and how it will affect our Services to you. 

Your request will be reviewed by us and carried out except as restricted by law or our statutory obligations. You may review and update your Personal Information directly or by contacting us via email at [insert email] 

  1. Age Restriction

Our Services are directed to people from the ages of 18 and above. If as a parent or guardian, you become aware that your child or ward has provided us with any information without your consent, please contact us via email at [insert email]

  1. Updates, Modifications and Amendments

We reserve the right to update, modify, change or revise this Privacy Policy from time to time. The changes will not be retroactive, and the most current version of this Privacy Policy which will always be on this page and will continue to govern our relationship with you. We advise that you check this page often, referring to the date of the last modification on the page. 

We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our Services after the changes become effective, you agree to be bound by the revised Privacy Policy.

  1. Contact Us

You may contact us upon becoming aware of any breach of Personal Information or if your access to our Services have been compromised, to enable us to take the necessary steps towards ensuring the security of your Personal Information. 

You may also contact us if you have any questions relating to this Privacy Policy or would like to find out more about exercising your data protection rights. All questions and inquiries may be sent to us via email at [insert email]

Terms of Use and Service

  1. Introduction 

These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, "the Terms"). These Terms set out the rights and obligations of all users (hereinafter, "You" / "your") and those of the 1964 Brand (hereinafter, "us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this website or any of the other websites to which we may link (hereinafter, collectively known as the "Services"). 

Before You click on the payment button authorizing your payment at the end of the ordering process, please carefully read these Terms and our Privacy Policy[CO1] . By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Policy. If You do not agree to all of the Terms and the Privacy Policy do not place an order. 

These Terms may be subject to amendment, so You should carefully read them prior to placing any order. If You have any questions about the Terms or the Privacy Policy, You may contact us through [insert email]. 

  • Use Of Our Website 

These Terms are the only conditions that are applicable to the use of this website, and they replace all other conditions, except with our express, prior written agreement. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them. 

You agree that: 

  • You may only use the website to make legitimate enquiries or orders. 
    • You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities. 
    • You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Policy on how your information is managed). 
    • If You do not give us all of the information that we need, we may not be able to complete your order. 

By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts. 

  • Service Availability 

The items we offer on this website are only available in the following countries: [please name the countries]

  • How The Contract Is Formed 

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded. 

To place an order, You will be required to follow the shopping process online and press the payment button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product has been dispatched - the shipment confirmation. The contract for the purchase of a product between us (Contract) will only be formed when we send You the shipment confirmation. 

The Contract will relate only to those products whose dispatch we have confirmed in the shipment confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation. 

  • Availability Of Products 

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any monies that You might have paid.

  • Refusal Of Order

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the order confirmation. 

  • Your Rights To Cancel 

If You are contracting as a consumer, You may cancel a Contract at any time before we send you the shipment confirmation. In this case, You shall receive a full refund of the price paid for the products. 

  • Shipping And Delivery 

Subject to availability, (see Clause 5 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the order confirmation by the delivery date set out below. For the products that are hand-made to order, production time has been included within the estimated delivery time which is calculated from when You receive the order confirmation

We work with trusted courier companies to carry out our delivery and we do our best to ensure timely delivery. Please bear in mind that on rare occasions we may experience some delay. Reasons for delay could include specialized items; unforeseen circumstances; or delivery area. If for any reason whatsoever, we cannot meet the delivery date, You will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid.

Standard delivery timeline within Canada is 3-5 working days, and international shipping takes 15 working days.  For orders placed during the holiday, specifically after December 19th, the same will be delivered within the 1st week the next year. For more information and express shipping, please contact us at [insert email].

Please note however, that we do not deliver on Saturdays or Sundays. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon confirming receipt of the products at the agreed delivery address. 

  • Unable To Deliver 

If we are unable to deliver the goods after the first attempt because You or Your assign are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day which subsequent delivery will be at a cost to you. 

  1. Alterations

If after You have confirmed your side following our clear instructions and the style guide provided and we custom make and deliver the product to you, any alteration requested will be at Your own cost. 

  1. Risk And Title 

The Products will be at your risk from the time of delivery. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8 above), whichever is the later.

  1.  Price And Payment

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund. 

We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such. 

The prices displayed on our website include Tax but exclude delivery costs, which will be added to the total amount due. We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in here, changes will not affect orders in respect of which we have already sent an order confirmation. 

Once You have finished shopping all the items You wish to purchase are added to your basket/cart/shopping bag. Your next step will be to go through the checkout process and make payment. 

  1. We have a 14-day return policy, which means you have 14 days after receiving your item to request a return.

    To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

    To start a return, you can contact us at shop1964brand@gmail.com. Please note that returns will need to be sent to the following address: 1003-10 HoneyCrisp Crescent Vaughan Ontario L4K 0M7

    If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.You can always contact us for any return question at shop1964brand@gmail.com. If items are not returned within 15 days of receiving the return label, the return will no longer be accepted, and the refund will be forfeited. Please ensure timely returns to avoid any issues with your refund.
  2. Liability And Disclaimers

Our liability in connection with any Product purchased through our website is strictly limited to the purchase price of that Product. Nothing in these Terms shall exclude or limit in any way our liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. 

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and waste of management or office time. 

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this clause will affect your statutory rights as a consumer, or your Contract cancellation rights. 

  1. Intellectual Property 

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details. 

  1. Written Communications 

Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. 

  1. Transfer Of Rights And Obligations 

The Contract between You and us is binding on You and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied. 

  1. Events Outside Our Control 

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). 

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: strikes, lockouts or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, any shipping, postal or other relevant transport or logistics strike, failure or accidents. 

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 

  1. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above. 

  • Severability

 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

  • Entire Agreement 

These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing. Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms. Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

  • Our Right To Vary These Terms 

We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Policy is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You). 

  • Law And Jurisdiction 

Contracts for the purchase of products through our site will be governed by Canadian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of Canadian courts. 

 

 [CO1]Hyperlink the Privacy Policy here