Terms and Conditions

By accessing our website, you, the user, agree to use the terms and conditions set out here. These terms and conditions may change at our discretion at any time and without prior notice. All orders and purchases made through this site are governed by these terms and conditions. The purchase of merchandise through the ca.gpen.com website is strictly limited to parties who can lawfully enter into and form contracts on the site in accordance with the laws of the jurisdiction of their residence. By entering the ca.gpen.com website you agree that you will access the content solely for your personal, non-commercial use. All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of GS Holistic LLC unless otherwise stated. These Terms & Conditions apply to the purchase of goods from ca.gpen.com (G Pen Canada) only. These Terms & Conditions are available in English and in French.

Definitions

In these Terms and Conditions:

“Seller”, “us” and “we” are references to the owner of this website, GS Holistic LLC, a limited liability company registered in the USA.
“Buyer”, “you” and “your” are references to the purchaser of the goods from us;
“Goods” means the goods specified in the Seller’s invoice;
“Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;
“Terms” means these terms and conditions;
“Site” means the ca.gpen.com website.

Purchasing Goods Online

To make a purchase you may check out as a guest or create an account. In either case you must provide your real name, e-mail address, shipping address and the other information requested at checkout.
When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms.
All orders are subject to acceptance and availability.
Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.
Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for resale.
The site displays products, which form its collection. They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at help@gpen.com who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.

Your Order

Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you.
The contract will be subject to these terms and conditions. Nothing in these terms excludes or limits any right or remedy you have under the consumer protection laws of your province or territory of residence that cannot be excluded or limited by contract.
The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.
Your use of any G Pen product is subject to all agreements including the Terms of Use and Conditions.
Our products are sold only to adults of legal age in their province or territory: 19 or older in most provinces, 18 or older in Alberta and 21 or older in Quebec. We may verify your age with government-issued ID at checkout. Misrepresentation of a buyer’s age is not the responsibility of the seller.
Use each G Pen product only with the materials it is designed for, as described on its product page. All G Pen products contain heating elements and sensitive mechanics and are not intended for illegal purposes. The use of unintended materials may result in damage to the contents of the product or degradation of the materials and mechanics within the product. Any warranty, express or implied, shall be voided by improper use. By opening the packaging, you confirm your acceptance of the Terms of Use.

Price

Prices on the site are shown in Canadian dollars (CAD) for reference. Orders are charged in U.S. dollars (USD): the exact USD amount of your order is shown at checkout before you pay. Your bank or card issuer converts the charge at its own exchange rate and may apply a foreign transaction fee.
All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honoured.
Applicable sales taxes, if any, are shown at checkout. Orders ship from within Canada, so no customs duties, import taxes or brokerage fees are charged on delivery.

Payment

Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.
Payment can be made by Visa, Mastercard, American Express or Discover, or in instalments with Sezzle. In all cases, delivery will not occur until we are satisfied that the payment has cleared.
If the issuer of the buyer’s payment card refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.
All credit card transactions on this site are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The seller does not hold any credit card details on our site or in our customer database.

Delivery

Orders ship from our warehouse in Quebec to addresses in Canada only. The seller will give the buyer an estimated delivery date for the goods, but no such estimated times or dates provided by us are guaranteed. Orders may take between 3-5 business days for processing prior to shipment.
The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process.
The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods. The buyer must notify the seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.
In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.
The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labour unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.

Cancellations, Returns & Exchanges

Once an order has been placed, it is able to be cancelled prior to shipment. If a shipping label has been made for the order, it is too late to cancel and must be returned in its original packaging.
In order to qualify for exchange/store credit, the goods or packaging may not have been open, damaged, or used. Once the outer packaging has been removed from the product, it is considered final sale and cannot be returned.
The seller’s chief objective is to ensure the buyer is fully satisfied with their purchase. The notice of exchange or return has to be made in writing; an email will suffice: help@gpen.com. In the event of a return or exchange, we require that you return the goods to us at your own cost. Mystery Boxes or bundles are considered final sale and cannot be returned.
In order to help with your order issue, you must open a ticket with our Customer Service department by emailing help@gpen.com within the cancellation period.
Returns are sent to our warehouse in Quebec; the return address will be provided by customer service.
The buyer must take reasonable care of all goods in their possession and return them to us, with their original packaging, within 7 business days from the date the return was authorized. If an authorized return arrives opened or used, it will be subject to a 50% restocking fee.

Limited Warranty

Our products are covered by the G Pen Limited Warranty. The coverage period for each product, the terms and how to make a claim are set out on our Warranty page.

Registration

If you create an account, the details provided are saved in our database in order to process your orders and to facilitate and speed up future purchases. Please see our Privacy Policy for more details regarding how GS Holistic LLC manages this information.

Opt-in Opt-out Policy

Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at help@gpen.com.
With your consent, the seller may from time to time contact you by email with information on new products, special discounts or other information we believe may be of interest to you. This will include emails from all GS Holistic LLC sites (gpen.com, ca.gpen.com, stundenglass.com, & grencogoods.com). We only send marketing emails to people who have agreed to receive them, as required by Canada’s Anti-Spam Legislation (CASL). Any email we send you will contain an easy unsubscribe link from all future mailings.

Our Liability

The website is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the website are current and contain no inaccuracies or errors, no guarantees are made that the website’s content will be error free, accurate and current at all times.

SMS Consent and Collection

By consenting to G Pen’s SMS marketing in the checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on the National Do Not Call List. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honour any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at ca.gpen.com/contact for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement

Residents of Quebec and Ontario: sections 1 to 4 below do not apply to you. Under the Quebec Consumer Protection Act and the Ontario Consumer Protection Act, 2002, you keep the right to bring a claim before a court in your province and to take part in a class action.

1. Arbitration: By using or purchasing G Pen products or services, you agree that any controversy, claim, action, or dispute between you and G Pen arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of G Pen’s website or the services or the materials; or (c) any alleged violation of any law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules, to the extent permitted by the laws of your province or territory of residence. Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

2. Arbitration Procedures: Claims shall be heard by a single arbitrator. The arbitration shall be governed by the Federal Arbitration Act (“FAA”), without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

3. Exclusion from Arbitration: Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt out of these arbitration procedures within 30 days from the date that you first purchase any of G Pen’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to GS Holistic LLC, 1123 Locust St #166, St Louis, MO 63101, United States. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with G Pen. You are responsible for ensuring G Pen’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

4. Class Action Waiver: You and GS Holistic LLC agree that you may bring or participate in Claims against G Pen only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and GS Holistic LLC agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.