Terms and Conditions

1. Introduction

These Terms and Conditions (the "Terms") constitute a legally binding agreement between Cutting Edge Specialty Lumber Products Limited, operating as The Knotty Lumber Co. ("The Knotty Lumber Co.," "we," "us," or "our"), and any person or entity ("you" or the "Customer") accessing or using our website located at www.theknottylumberco.ca (the "Site"), including the purchase or use of any goods or services offered through it (collectively, the "Services"). By accessing, browsing, or using the Site, or by purchasing any product from us, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

"Agreement" means these Terms and Conditions, including all referenced policies and amendments posted from time to time.

"Customer" or "you" refers to any individual or entity that accesses the Site, places an order, or otherwise engages with the Services.

"Products" means any goods, merchandise, materials, or related items offered for sale by The Knotty Lumber Co. through the Site or any other channel.

"Services" includes all functions, transactions, communications, and operations made available through or related to the Site, including sales, order processing, and customer support.

"FOB" means Freight on Board, signifying that title and risk of loss transfer to the Customer once the goods are handed over to the shipping carrier.

"Business Day" means any day other than a Saturday, Sunday, or statutory holiday in the Province of Ontario.

References to the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.

3. General Use of the Website

You agree to use the Site solely for lawful purposes and in a manner consistent with these Terms, applicable laws, and regulations. You shall not misuse the Site or interfere with its security, integrity, or functionality. We reserve the right, in our sole discretion and without prior notice, to refuse access to the Site or any part thereof, to terminate accounts, to cancel orders, or to restrict or suspend your access where we reasonably believe you have breached these Terms or engaged in conduct deemed abusive, fraudulent, or detrimental to our interests or other users.

4. Product Information and Availability

We exercise commercially reasonable efforts to ensure the accuracy of descriptions, specifications, and imagery appearing on the Site. Wood is a natural material, and variations in colour, grain, texture, and figure are inherent characteristics rather than defects. All Products are offered subject to availability. We reserve the right to modify, discontinue, or withdraw any Product at any time without notice. If a Product becomes unavailable after an order is placed, we will notify you and may, at our sole discretion, offer an alternative, issue a refund, or cancel the order without further liability.

5. Pricing and Payment

All prices are denominated in the currency of customer location unless otherwise indicated. Prices are subject to change without prior notice; such changes will not apply to confirmed orders for which payment has been received in full. Payment for all purchases shall be made at the time of order placement unless otherwise agreed in writing. We reserve the right to determine and adjust pricing as necessary. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount, including applicable taxes, shipping fees, duties, customs fees, and other surcharges.

6. Shipping, Delivery, and Risk of Loss

We ship throughout North America via third-party carriers. Delivery timelines provided on the Site are estimates only and do not constitute a guarantee. We are not liable for delays caused by carriers, weather, customs, or other factors beyond our control. You are responsible for ensuring that shipping and delivery details are accurate. Additional fees may apply for redelivery, address corrections, or failed delivery attempts resulting from Customer error. All shipments are made FOB Shipping Point. Title and risk of loss or damage to the Products transfer to you once the goods are delivered to the carrier. Once in transit, any claims for loss or damage must be made directly to the carrier.

7. International Shipments: Duties, Tariffs, and Refused Deliveries

7.1 Customer responsibility for import charges.
All international shipments (including shipments to the United States) may be subject to import duties, tariffs, taxes, brokerage fees, and other customs charges assessed by the destination country's government or its designated carrier. These charges are the sole responsibility of the customer, are separate from and not included in the product price or shipping cost paid at checkout, and are collected by the carrier or customs authority at or before delivery. The Knotty Lumber Co. has no control over these charges and cannot predict their amount.

7.2 Notice and opportunity to clear.
If a shipment is held by customs or the carrier pending payment of duties or fees, the customer will typically be contacted directly by the carrier. Where The Knotty Lumber Co. is notified of a hold, we will make reasonable efforts to alert the customer by email. The customer has fifteen (15) days from the first delivery attempt or first duty notice (whichever is earlier) to pay all applicable charges and accept delivery. Shipments not cleared within this window will be considered abandoned under Section 3.

7.3 Refused, abandoned, or returned shipments.
A shipment is deemed refused, abandoned, or returned if the customer declines delivery, fails to pay duties or fees within the window described in Section 2, provides an incorrect or unreachable delivery address, or is otherwise unable or unwilling to accept the shipment. In any of these cases:
(a) The order is ineligible for refund of the product price, original outbound shipping, duties or taxes paid, or any related charges.
(b) The customer remains liable for all costs incurred, including but not limited to: original outbound shipping, any duties, tariffs, brokerage, or customs fees assessed, return shipping to The Knotty Lumber Co., carrier storage or redelivery fees, and disposal or destruction fees where the shipment is discarded by the carrier or customs authority.
(c) The customer authorizes The Knotty Lumber Co. to deduct any amounts owed under this section from any refund or credit otherwise due, and to invoice the customer for any remaining balance. Unpaid balances may be referred to collections.

7.4 Carrier penalties.
The Knotty Lumber Co. is not responsible for any fees, penalties, storage charges, or other costs assessed by the carrier or customs authority as a result of a refused, held, undeliverable, discarded, or abandoned shipment.

7.5 Our responsibility.
This policy does not apply where the shipment was refused or held due to an error by The Knotty Lumber Co., including misdeclaration of contents, incorrect HS code, incorrect declared value, or failure to include required export documentation. In such cases, we will work with the customer to resolve the issue at our expense.

7.6 Acknowledgement at checkout.
By placing an international order, the customer acknowledges and accepts the terms of this policy.

Exclusions and Additional Information
Free shipping is not available for international orders outside the US and Canada, or custom bulk orders. Delivery timelines are subject to carrier schedules, weather, customs delays, and other factors beyond our control. If you have questions about your shipping eligibility or potential customs charges, please contact us at theknottylumberco@gmail.com before placing your order.

We are committed to ensuring your experience is smooth and hassle-free, and we appreciate your understanding regarding rural, remote, and cross-border shipping challenges.

8. Returns, Refunds, Restocking Fees, and Order Cancellation

8.1 Returns, Refunds, and Restocking Fees 

Returns are subject to inspection and compliance with these Terms. Returned items must be unused, in original condition, and returned at your expense. All eligible returns are subject to a twenty percent restocking fee to cover handling, reinspection, and re-milling. For Products sold with free shipping, the actual cost of initial outbound freight will be deducted from the refund amount in addition to the restocking fee. Any customs duties, taxes, tariffs, or import charges paid in connection with the original order are non-refundable under any circumstances, including approved returns and exchanges, and are separate from and in addition to the deductions described above; see Section 7 for further detail. Custom-milled, cut-to-size, or special-order Products are final sale and are not eligible for refund or exchange. Refunds, where approved, will be processed using the same payment method originally used for the purchase.

8.2 Order Cancellation Policy

Orders may be cancelled within 12 hours for a full refund. The Knotty Lumber Co. reserves the right to deny cancellation requests submitted outside of the stated cancellation period. Custom, made-to-order, or specially processed products may not be eligible for cancellation.

To request a cancellation, please contact us as soon as possible with your order number. A cancellation is not considered confirmed until you receive confirmation from The Knotty Lumber Co.

Eligibility For Free Shipping

We are proud to offer free shipping on select products and select locations across the US and Canada. However, due to the unique logistics involved in delivering to certain regions, please review the following terms and conditions

Free shipping applies to certain products as advertised by The Knotty Lumber Co. This is excluding custom orders or oversized items, unless otherwise specified. Orders are shipped through a freight broker service, and are often shipped within 5 business days depending on material availability. Delivery times vary depending on the destination.

Approval Process
Once your order is placed, we will review the shipping address. If the shipping costs are exceptionally high, we will notify you immediately after it is deemed cost prohibitive.

Cost Prohibitive Deliveries
If we determine that the cost to deliver is too high, we will provide a full refund for your order promptly.

Shipping to Remote Areas
While we strive to provide free shipping to every corner of the US and Canada, some rural and remote regions, including the Canadian territories (Yukon, Northwest Territories, Nunavut) and other hard-to-reach areas, may require special approval due to higher shipping costs.

Shipping Within 72 Hours
We offer free shipping across the US and Canada on all of our 'lumber pack' products. Orders will ship within 72 hours, however this is subject to stock availability. Please note that this timeframe is an estimate rather than a guarantee, and may vary depending on order volume and product availability.

Disclaimer
We reserve the right to modify, restrict, or nullify the Free North American Wide Shipping policy at any time — including in response to tariffs, duties, trade regulation changes, or other internal or external factors — and at our sole discretion. 

Thank you for choosing The Knotty Lumber Co.

9. Force Majeure

Neither party shall be liable for any delay or failure in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, embargoes, trade restrictions, pandemics, border closures, port disruptions, labor strikes, or government actions. In such events, obligations are suspended for the duration of the delay. The affected party will use commercially reasonable efforts to mitigate the impact of such events.

10. Intellectual Property Rights

All content appearing on the Site, including text, graphics, photographs, logos, icons, digital downloads, and compilations, is and shall remain the exclusive property of The Knotty Lumber Co. or its licensors. You shall not copy, reproduce, publish, distribute, transmit, or otherwise exploit any content for commercial purposes without prior written authorization. Unauthorized use constitutes a material breach of these Terms and may result in civil or criminal liability.

11. Warranties and Disclaimers

Except as expressly provided, all Products and Services are provided on an "as is" and "as available" basis. Wood is a natural product and may exhibit color changes, expansion, contraction, or warping due to environmental factors; such characteristics are not considered defects. We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law. No oral or written information or advice provided by The Knotty Lumber Co. or its representatives creates any warranty unless expressly stated in writing.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall The Knotty Lumber Co., its directors, officers, employees, agents, contractors, or affiliates be liable for any indirect, incidental, consequential, punitive, or exemplary damages, including loss of profits, revenue, goodwill, or data, arising out of or related to the use of the Site, the Products, or the Services. Our total aggregate liability, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the purchase price actually paid for the Product giving rise to the claim.

13. Privacy and Data Protection

The collection, use, and protection of your personal information are governed by our Privacy Policy. By using the Site or our Services, you consent to such collection and processing in accordance with applicable laws. We employ reasonable administrative, technical, and physical safeguards to protect your information; however, no system is entirely secure, and we disclaim liability for unauthorized access, use, or disclosure beyond our reasonable control.

14. Accuracy of Information and Modifications

We endeavor to ensure that information on the Site is accurate and current; however, we make no representations or warranties regarding completeness, accuracy, or reliability. We reserve the right to correct errors, update information, or modify, suspend, or discontinue the Site or any portion thereof at any time without prior notice.

15. Prohibited Conduct

You agree not to use the Site or its content for unlawful or fraudulent purposes; to infringe or violate any intellectual property or proprietary rights; to interfere with or disrupt the security, integrity, or operation of the Site; to introduce viruses, malware, or other harmful code; to use automated systems to access or extract data; or to engage in conduct that could damage our reputation or that of others. Any violation of this section constitutes a material breach and may result in immediate termination of access.

16. User Submissions and Feedback

If you submit comments, reviews, suggestions, or other materials ("Submissions") to us, you grant The Knotty Lumber Co. a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, distribute, display, and otherwise exploit such Submissions for any lawful purpose. You represent that your Submissions do not infringe any third-party rights and agree to indemnify us for any loss resulting from a breach of this representation.

17. Indemnification

You agree to indemnify, defend, and hold harmless The Knotty Lumber Co. and its directors, officers, employees, agents, contractors, successors, and assigns from and against any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from or related to your breach of these Terms, your violation of any law or third-party right, or your misuse of the Site or the Products.

18. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Termination

We may terminate or suspend your access to the Site or any Services, without prior notice, if we determine, in our sole discretion, that you have violated these Terms or engaged in conduct harmful to our business interests. Rights and obligations that by their nature should survive termination, including payment obligations, indemnities, and limitations of liability, shall survive.

20. Governing Law and Jurisdiction

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any dispute arising out of or relating to these Terms or your use of the Site.

21. Amendments and Updates

We reserve the right to amend, revise, or update these Terms at any time, in our sole discretion. Any changes become effective upon posting on the Site, with the Last Updated date revised accordingly. Your continued use of the Site following the posting of amendments constitutes acceptance of the revised Terms.

22. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and The Knotty Lumber Co. concerning the subject matter and supersede all prior or contemporaneous communications, representations, or understandings, whether oral or written. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

23. Contact Information

The Knotty Lumber Co.,
424 Rennie Street, Hamilton, ON, L8H 3P5.
Email: theknottylumberco@gmail.com.
Phone: (905) 872-4528