Terms and Conditions

Birch Knoll Solutions Ltd makes every effort to ensure that information contained in these pages is accurate. However, no liability is accepted arising from reliance upon the information contained in these pages or any other information accessed via this site. The information or opinions on this website are for informational purposes only and are not a substitute for proper legal, medical, financial, psychiatric, psychological, mental health or professional advice of whatsoever kind. Nothing contained within this website should be used for a diagnosis or assessment of whatsoever kind. Birch Knoll Solutions Ltd is not liable for any special or consequential damages resulting from your use of, or your inability to use, the materials in this site or any linked site, including, but not limited to, lost profits, business interruption and loss of programs or other data on your information handling system. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or any linked site.

Birch Knoll Solutions Ltd is not responsible for the content or reliability of the linked websites and does not necessarily endorse the views expressed within them. Listing shall not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over availability of the linked pages.

You understand and agree that the materials, products, information, software, content and other services at this site and any linked site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of title and implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained at this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

Birch Knoll Solutions Ltd and its affiliated companies own all intellectual property rights associated with its name and logo, as well as the design of this website. You agree that you have no rights to any of Birch Knoll Solutions Ltd’s intellectual property by virtue of using this website. Birch Knoll Solutions Ltd does agree to permit you to print out portions of this website, or to share email links to this website, solely for non-commercial purposes. Birch Knoll Solutions Ltd does not agree to any printing or sharing that would infringe its intellectual property rights.

Any other use of our website other than that described above is strictly prohibited.

When you use this Website or Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Blog, Forum & Comment Policy

Comments and posts are welcomed and encouraged on Birch Knoll Solutions Ltd. Birch Knoll Solutions Ltd cannot respond to every comment or post, though we try to as often as we can. Comments and posts may be reviewed prior to being posted. Birch Knoll Solutions Ltd also expects a basic level of civility; disagreements are fine, but mutual respect is a must, and profanity or abusive language is out-of-bounds. Forum rules also apply to private messaging.

There are some instances where comments and posts will be deleted as follows:

• Comments and posts deemed to be spam or questionable spam. Including a link to relevant content is permitted, but comments and posts should be relevant to the post topic.
• Comments and posts including profanity.
• Comments and posts containing language or concepts that could be deemed offensive.
• Comments and posts that attack a person individually.

Birch Knoll Solutions Ltd reserves the right to edit or delete any comments or posts submitted to this site without notice. This comment policy is subject to change at any time.

By posting a comment, post or other material on Birch Knoll Solutions Ltd, you agree that you will not:

• Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights.
• Post material that is unlawful, obscene, disrespectful, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Birch Knoll Solutions Ltd in its sole discretion.
• Post advertisements or solicitations of business.
• Post chain letters or pyramid schemes.
• Impersonate another person.
• Allow any other person or entity to use your identification for posting or viewing comments.
• Post the same note more than once or “spam.”
• Post material that does not reflect the purpose or theme of the specific Blog or Forum.
• Disclose the identity or contact details of any other person without their explicit and prior consent.
• Members are not to act as “back seat moderators”.
• Post in ALL CAPS or in large fonts.

You understand and agree that you retain ownership of your comments and/or posts. Birch Knoll Solutions Ltd does not own them and expressly disclaims any and all liability that may result from them. By commenting or posting on the Birch Knoll Solutions Ltd website, you agree that you retain all ownership rights in what you post and that you relieve Birch Knoll Solutions Ltd from any and all liability resulting from your postings.

You understand and agree that you grant Birch Knoll Solutions Ltd an implied license to post your comments and content. This license is worldwide, irrevocable, non-exclusive, and royalty-free. You grant Birch Knoll Solutions Ltd the right to store, use, transmit, display, publish, reproduce, and distribute your comments and content in any format, including but not limited to a blog, in a book, a video, or any other form of presentation.

Birch Knoll Solutions Ltd reserves the right, but is not obligated, to do any or all of the following:

• Remove communications that are abusive, illegal or disruptive.
• Terminate a user’s access to the blog and/or forum feature(s) upon any breach of these Terms and Conditions.
• Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
• Abuse of the private messaging system may lead to the revocation of private messaging.

Terms of Sale

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right to modify the final sale date of any products sold for a limited period of time without notice to you, including by ending the sale period earlier than originally advertised, or by extending it beyond the originally advertised final sale date. Products are available while supplies last, and may only be available to be shipped to certain territories. All prices and products advertised are subject to change.

For more information about our policies on shipping and delivery, please click here.

You are responsible for the payment of all taxes and/or import fees related to any products purchased and/or shipped from the U.S. to a country outside the U.S., including as may be applicable any sales tax, VAT, GST/HST tax, import fees, and/or duties.

Our goal is your complete satisfaction of our Products and Services. For more information about our policies on orders and returns, please click here.

We at Birch Knoll Solutions Ltd try to be as accurate as possible when describing our products. However, we cannot guarantee that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition, subject to the terms of the Order & Return policy.

All items purchased from us are made pursuant to a shipment contract with a third party. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier, or if such items are shipped outside the U.S., then risk of loss and title pass to you when they clear customs.

Warranty on Products

The following does not apply to Customers residing in the European Economic Area.

1. Limited Warranty: We warrant that, at the time of delivery of a Product to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).  
2. Who May Use This Warranty?: Birch Knoll Solutions Ltd extends the Limited Warranty only to Customers.  All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product.
3. What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse, or, for any digital, license, electronic, and/or, other products and services.  Birch Knoll Solutions Ltd does not warrant the aforementioned third party products or services in anyway whatsoever. Please see the specific manufacturer or vendor for the specifics on their respective warranties, if any.

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.  Accordingly, this Limited Warranty does not cover such matters.  

1. What Is The Period Of Coverage?: This limited warranty starts on the date of the delivery of the Product to the Customer and lasts for thirty (30) days (the “Warranty Period”).
2. What Are Your Remedies Under This Warranty?:  With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the Customer along with the shipping fees corresponding to the defective or damaged Products. 
3. How Do You Obtain Warranty Service?:  Promptly following delivery of a Product, you will inspect the Product.  If a Product is materially defective (including any error by Birch Knoll Solutions Ltd in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Order & Return Policies.
4. LIMITATION OF LIABILITY: THE REMEDIES DESCRIBED IN THIS SECTION “WARRANTY ON PRODUCTS” ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Modifications, Entire Agreement, and Severability

Birch Knoll Solutions Ltd reserves the right to modify, limit or discontinue, temporarily or permanently, all or any part of the Services, with or without notice to you, at any time. Please note, your continued use of the Services will be deemed as acceptance of the Terms and Conditions as modified.

These Terms and Conditions supersede all prior agreements, oral or written, and constitute the entire agreement between us relating to the subject matter of these Terms and Conditions. However, you acknowledge that other aspects of your use of the Services may be subject to separate agreements with us, including, for example, contest and sweepstakes or gift card rules.

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

By using the Website and Services, you agree that the Federal Arbitration Act of the United States, applicable United States federal law, and the laws of the State of Idaho, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us. If you reside outside the U.S., and to the extent applicable law does not allow the aforementioned, then the applicable laws of the country in which you reside will govern these Terms and Conditions, and any disputes will be submitted to the courts of competent jurisdiction of the country in which you reside.

You understand and agree that by using this website you hold harmless and will indemnify Birch Knoll Solutions Ltd against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted. Birch Knoll Solutions Ltd reserves the right to occasionally update this Disclaimer and Posting Policy to reflect company and customer feedback. If there are material changes to this Disclaimer and Posting Policy or in how Birch Knoll Solutions Ltd will use your personal information, Birch Knoll Solutions Ltd will prominently post such changes prior to implementing the change. Birch Knoll Solutions Ltd encourages you to periodically review this Disclaimer and Posting Policy to be informed of how Birch Knoll Solutions Ltd is protecting your information