Terms of service

These terms and conditions ('Terms') govern the users ('you' or 'your') use of the website PUDUDESIGNS.COM ('Site') and your relationship with PUDU DESIGNS. Please read the Terms carefully as they affect your rights and liabilities. If you do not agree to these Terms, you are not permitted to access or use the Website. If you have any questions or concerns regarding these Terms then please contact us.

1. Agreement:
By using the Website you agree to be bound by these Terms.

2. Amendments:
We reserve the right to update these Terms from time to time without notice.  All updates will reflect directly on the Site. It is your responsibility to check for such changes. The changes will apply to the use of the Site.  If you do not wish to accept the new Terms you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Site and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Site or its contents.

3. Registration:
You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. The products purchased on this site are for private and domestic use only and are not for resale. You will notify us immediately of any changes to the personal information.

4. Privacy:
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, email address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.

5. Your Security:
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your cooperation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities. By accepting these terms and conditions you consent to such checks being made. All information provided by you will be treated securely.

6. Compliance:
The Site may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Site and its use. You agree not to upload or transmit through the Site:
Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character

7. Indemnity:
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Site or any other person accessing the Website using your personal information.

8. Third Party Links:
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites or for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

9. Orders:
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.

The products sold on the Site are not for re-sale or distribution. You may be limited to a purchase of one item of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

You will assume the risk for the products once they have been shipped out to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

Pre-Order items are not usually in stock. When ordering pre-order items you agree that the expected delivery date is variable and can change at any time, without notice. We will notify you of any major changes via email (if you have provided one to us).

10. Pre-Order Policy:
Items listed for Pre-Order are NOT in hand. When pre-order items arrive to our facility, the pre-orders will be processed in priority sequence and shipped within 3 business days. The estimated delivery date is only an approximate time frame.

Again, the estimated timeframe of each pre-order and when they will arrive varies. Typically, the dates are not exact and only specific months are given. The estimated delivery date may change at any time, without notice. Please read full description on when the Pre-Order item is expected to arrive.

All Pre-Orders cannot be cancelled. We do not accept any returns or exchanges. All sales are final. If you have any questions or concerns, please contact us before placing your order.

11. Return Policy:
Please note that all items purchased during a PRE-ORDER are not eligible for return as they are subject to the details listed in the PRE-ORDER POLICY. If you have eligible products to return, please contact our customer service team to obtain a Return Merchandise Authorization (RMA) number. Returns cannot be processed without a valid RMA Number. Please do not send us your return without any RMA number. We are not responsible for shipments returned to us without an RMA number.

All PUDU DESIGNS products are subject to this policy. Please note that all products are very carefully inspected for quality, assortment, and proper packaging prior to shipment. However, manufacturers may make errors, shipping carriers can err, and yes, even we might make a mistake from time to time. Nobody is perfect, and we know that. It is important that you check your order upon receipt and always before use.

If for any reason you are not happy with your purchase, you may return full-price item(s) within 14 days of the original date of purchase. We require that all returned items must be unused, unworn and in excellent condition with the original packaging and original tags attached. Items that do not meet all of these requirements are not eligible for return. Sale items and pre-order items are considered final sale and cannot be returned.

To start a return, you can submit your return request using on our contact us form. If your return is accepted, we’ll provide you with a Return Merchandise Authorization (RMA) number along with instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. For eligible returns, we will process a refund in the same form of payment originally used for your purchase. Refunds can take up to 30 business days from the time we receive your returned product.

Damages and Issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / Non-Returnable Items
Certain types of items cannot be returned including sales items, pre-order items, and gift cards. These items are all considered final sale and cannot be returned.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

12. Price and Payment:
All prices shown are in US Dollars.  Prices are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice.  All Canadian orders are subject to applicable GST/HST.  

Orders with a delivery address outside Canada may be subject to import fees including but not limited to duties and taxes which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Please note that when returning goods from outside of Canada, cross border shipments may be subject to opening and inspection by customs authorities. When returning approved orders to us, the packages may be subject to applicable duties, charges and/or import fees. You will be responsible for all of these fees and/or charges. In respect of all goods dispatched to you to an address outside of Canada, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Payment can be made by any major credit or debit card or via Google Pay, Apple Pay and Interac. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

You confirm that the credit card, debit card or payment account that is being used is yours.  All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.

You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by contacting our customer service department

13. Eligibility to Purchase:
To be eligible to purchase goods on this Site and lawfully enter into and form contracts on this Website you must be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.

By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

14. Intellectual Property:
The content of the Site is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Site shall remain with us or our licensors you may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Site.

15. Limitation of Liability:
Notwithstanding any other provision in the Terms, nothing in these Terms: affect or limit your rights as a consumer; or will exclude or limit our liability for death or personal injury resulting from our negligence. The Site is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. You must bear the risk associated with the use of the Internet.

We will try to ensure that material included on the Site is correct, reputable and of high quality, but we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we can. In particular, we disclaim all liabilities in connection with the following: Incompatibility of the Site with any of your equipment, software or telecommunications links; Technical problems including errors or interruptions of the Site; unsuitability, unreliability or inaccuracy of the Site; and failure of the Site to meet your requirements. To the full extent allowed by law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without Limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.

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

17. Entire Agreement:
These Terms form the entire basis of any agreement reached between you and us.

18. Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the law and any disputes will be decided only by the Provincial Courts of Ontario and/or Federal Courts of Canada.

19. Reviews:
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PUDU DESIGNS and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to PUDU DESIGNS, including the execution of deeds and documents, at the request of PUDU DESIGNS.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to PUDU DESIGNS: The content and material is accurate; Use of the content and material you supply does not breach any applicable PUDU DESIGNS guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify PUDU DESIGNS for all claims brought by a third party against PUDU DESIGNS arising out of or in connection with a breach of any of these warranties.

20. Bundled Products & Multi-Item Offers:
This offer applies only to products that are bundled and multi-item offers on the website. Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Bundle or Multi-Item Offer at your cost or charge you for the goods retained by you at the full retail price.

21. Bonus Products and Promotions:
1. When we offer a free gift with an eligible purchase, we will only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
2. In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.

22. Website Policies:
Please review all of our policies, such as our Privacy Policy, Return Policy and Shipping Policy, posted on the PUDU DESIGNS Site, WWW.PUDUDESIGNS.COM. These policies, along with the Terms, also govern your use of the Site. We reserve the right to make changes to our Site, policies, and these Terms at any time. Any changes or revisions will be effective immediately upon their posting on the Site. Your use of the Site will be subject to the version of the Terms posted on this Site at the time of such use. Accordingly, you are advised to review the Terms prior to using the Site. By using the Site following the posting of any changes and/or revisions, constitutes your acceptance of such changes and/or revisions. If you do not agree to any changes and/or revisions to the Terms, you are not permitted to use the Site and must discontinue use of the Site immediately.