Legal Terms & Policies

Privacy Policy

At WarmHub, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website or purchase our products.

1. Information We Collect

Personal Information

We collect information that you provide directly to us, including:

• Name, email address, phone number, and mailing address
• Business information (for wholesale partners)
• Payment information (processed securely through third-party providers)
• Order history and preferences

Automatically Collected Information

• IP address, browser type, and device information
• Pages visited and links clicked
• Language preference (EN/FR)
• Cookies and similar tracking technologies

2. How We Use Your Information

• Process and fulfill your orders
• Communicate with you about orders, products, and services
• Provide customer support
• Send marketing communications (with your consent)
• Improve our website and products
• Comply with legal obligations

3. Information Sharing

We do not sell or rent your personal information. We may share your information with:

• Service providers (shipping, payment processing, analytics)
• Business partners for wholesale orders
• Legal authorities when required by law

4. Your Rights (Canadian Privacy Law - PIPEDA, Bill C-27 & Law 25)

Under Canadian privacy legislation, including Bill C-27 (CPPA) and Quebec's Law 25, you have enhanced rights:

Right to Access

• Access your personal information within 30 days of request
• Receive information in an accessible format
• Understand how your data is being used

Right to Correction

• Request correction of inaccurate or incomplete information
• Add a statement of disagreement if correction is denied

Right to Deletion (Right to be Forgotten)

• Request deletion of your personal information (subject to legal and contractual obligations)
• We will delete or anonymize data within 30 days unless legally required to retain

Right to Data Portability (NEW - Bill C-27)

• Request your data in a structured, commonly used format
• Transfer your data to another service provider

Right to Withdraw Consent

• Withdraw consent for marketing communications at any time
• Opt-out links in all marketing emails
• No penalty for withdrawing consent

Right to Object to Automated Decision-Making (NEW - Bill C-27)

• Object to decisions made solely by automated processing
• Request human review of automated decisions
• Receive explanation of automated decision-making logic

Right to Lodge a Complaint

• File a complaint with the Office of the Privacy Commissioner of Canada (OPC)
• File a complaint with Quebec's Commission d'accès à l'information (CAI) - for Quebec residents
• Under Bill C-27: Right to file complaints with the Privacy Commissioner with enhanced enforcement powers
• Potential administrative monetary penalties (AMPs) up to $25 million CAD for serious violations

5. Data Breach Notification (Law 25 Requirement)

In compliance with Quebec's Law 25 and Bill C-27, if a data breach occurs that poses a real risk of serious harm:

• We will notify affected individuals as soon as feasible
• We will notify the Office of the Privacy Commissioner of Canada
• For Quebec residents: We will notify the Commission d'accès à l'information du Québec
• We maintain a breach response plan and incident log

6. Data Retention and Destruction

We retain personal information only as long as necessary for the purposes identified, or as required by law:

• Customer transaction data: 7 years (CRA tax requirements)
• Marketing preferences: Until consent is withdrawn
• Account information: 1 year after account closure
• Website analytics: 26 months maximum
• Secure destruction: Data is securely deleted or anonymized after retention period

7. International Data Transfers

Your personal information is primarily stored and processed in Canada. If we transfer data outside Canada:

• We will obtain your explicit consent
• We provide adequate safeguards through contractual protections
• We comply with cross-border data transfer requirements
• You may request information about where your data is stored

8. Children's Privacy

We do not knowingly collect personal information from children under 13 years of age without verifiable parental consent. If you are a parent or guardian and believe we have collected information from your child, please contact us immediately.

Terms of Service

By accessing or using WarmHub's website and services, you agree to be bound by these Terms of Service.

1. Product Information

• All product descriptions and specifications are accurate to the best of our knowledge
• Colors may vary slightly due to screen settings
• We reserve the right to modify product offerings without notice

2. Pricing and Payment

• All prices are in Canadian Dollars (CAD) unless otherwise stated
• Prices are subject to change without notice
• Taxes (GST/HST/PST) are calculated at checkout
• Payment is processed securely through trusted payment providers

3. Order Acceptance

We reserve the right to refuse or cancel any order for reasons including:

• Product unavailability
• Pricing errors
• Suspected fraudulent activity

4. Intellectual Property

All content on this website, including text, images, logos, and designs, is the property of WarmHub and protected by Canadian intellectual property laws.

5. Limitation of Liability

WarmHub is not liable for any indirect, incidental, or consequential damages arising from the use of our products or website.

6. Dispute Resolution and Arbitration

A. Informal Negotiation (Required First Step)

Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services through good-faith negotiation for a period of 30 days.

• Contact our legal department at [email protected] with a detailed description of the dispute
• Include all relevant information: order numbers, dates, amounts, and desired resolution
• WarmHub will respond within 10 business days to discuss resolution

B. Mediation (Optional)

If informal negotiation does not resolve the dispute, parties may mutually agree to non-binding mediation through the ADR Institute of Canada or similar recognized mediation service. Mediation costs shall be shared equally unless otherwise agreed.

C. Binding Arbitration (B2B/Wholesale Transactions)

For commercial transactions (B2B, wholesale, government contracts, corporate purchases), parties agree to resolve disputes through binding arbitration:

• Arbitration Rules: Conducted under the Arbitration Act, 1991 (Ontario) or applicable provincial arbitration legislation
• Single Arbitrator: One arbitrator mutually agreed upon by both parties; if no agreement within 15 days, appointed by the ADR Institute of Canada
• Venue: Arbitration shall be held in Toronto, Ontario or Vancouver, British Columbia, at WarmHub's option
• Language: Arbitration conducted in English (or French for Quebec parties upon request)
• Costs: Each party bears their own legal costs and fees unless the arbitrator rules otherwise based on the outcome
• Decision Final: The arbitrator's decision is final and binding, with very limited grounds for appeal

D. Small Claims Court Exception

Notwithstanding the arbitration provisions above, either party may bring an action in provincial small claims court if the dispute qualifies under that court's jurisdictional limits (typically disputes under $5,000-$35,000 CAD depending on province).

E. Retail Consumer Rights Preserved

Retail consumers (individuals purchasing for personal, family, or household use) retain all statutory rights to pursue claims in provincial consumer protection tribunals, small claims courts, or superior courts as provided by applicable consumer protection legislation. This arbitration agreement does NOT apply to retail consumer transactions.

F. Class Action Waiver (Commercial Buyers Only)

Commercial buyers (B2B, wholesale, corporate purchasers) agree to resolve disputes on an individual basis only and waive any right to bring or participate in any class action, consolidated action, or representative proceeding. Each party may only seek relief on an individual basis.

Note: This class action waiver does not apply to retail consumers where prohibited by law.

G. Emergency Relief

Nothing in this arbitration agreement prevents either party from seeking emergency injunctive or equitable relief in court to prevent irreparable harm, protect intellectual property rights, or enforce confidentiality obligations pending arbitration.

7. Governing Law and Jurisdiction

A. Applicable Law

These Terms of Service and all transactions through WarmHub's website are 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 that would require application of the laws of another jurisdiction.

Specific Legal Framework: This choice of law encompasses, but is not limited to:

• Contract Formation & Interpretation: Governed by Ontario common law principles and the Sale of Goods Act (Ontario)
• Consumer Protection: Ontario Consumer Protection Act, 2002 (for applicable retail transactions)
• Privacy & Data Protection: Personal Information Protection and Electronic Documents Act (PIPEDA - Federal), Consumer Privacy Protection Act (Bill C-27 - Federal, when enacted)
• Electronic Commerce: Electronic Commerce Act, 2000 (Ontario)
• Anti-Spam: Canada's Anti-Spam Legislation (CASL - Federal)
• Intellectual Property: Copyright Act (Canada), Trade-marks Act (Canada), Patent Act (Canada)
• Product Liability: Ontario negligence law and strict liability principles under Canadian common law

Conflict of Laws Exclusion: This choice of Ontario law is express and intentional. The parties explicitly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any conflict of laws rules that would result in the application of any other jurisdiction's laws.

B. Exclusive Jurisdiction (Commercial Transactions)

Subject to the arbitration provisions in Section 6 above, for any disputes that are not subject to arbitration or small claims court, the parties agree to the exclusive jurisdiction of the courts located in:

• Ontario Superior Court of Justice (Toronto region), or
• Supreme Court of British Columbia (Vancouver region), at WarmHub's option

Commercial buyers hereby irrevocably waive any objection to venue in these courts and consent to personal jurisdiction in Ontario or British Columbia.

C. Consumer Jurisdiction Rights

For retail consumer transactions, disputes may be brought in the courts of the province where the consumer resides, as required by provincial consumer protection legislation. Nothing in these Terms restricts a consumer's right to bring proceedings in their home jurisdiction.

D. Quebec Transactions

Transactions involving Quebec customers or partners are subject to the Quebec Civil Code and Quebec consumer protection laws (Loi sur la protection du consommateur) to the extent those laws apply and provide greater protections than these Terms.

E. Language (Quebec Requirement)

The parties hereby confirm that they have requested that this agreement and all related documents be drafted in English. Les parties confirment par les présentes qu'elles ont demandé que cette entente et tous les documents qui s'y rattachent soient rédigés en anglais.

F. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Return & Refund Policy

A. B2B/Wholesale Returns (Commercial Buyers: Retailers, Distributors, Corporate Purchasers)

1. Inspection Period & Return Window

• 14-day inspection period from delivery date for non-defective returns
• Products must be unused, unactivated, and in original sealed packaging with all tags attached
• Return authorization (RMA) must be obtained before shipping items back

2. Restocking Fee & Return Shipping Costs

• 18% restocking fee applies to all non-defective B2B returns to cover inspection, repackaging, and inventory management costs
• Buyer is responsible for return shipping costs for non-defective items
• We recommend insured shipping with tracking for return shipments

3. Refund Process (B2B)

1. Contact our B2B support team to request RMA (Return Merchandise Authorization)
2. Ship products back with RMA number clearly marked on packaging
3. Products undergo inspection to verify condition and compliance with return requirements
4. Refunds are processed promptly upon successful inspection, less applicable restocking fee
5. Refund issued to original payment method or applied as account credit for future orders

4. Non-Returnable B2B Items

• Products with broken seals, opened battery compartments, or activated heating elements
• Items showing signs of wear, testing, or use (including scuffs, wrinkles, or odors)
• Custom-branded, logo-imprinted, or specially customized products
• Clearance or final sale items (marked as such at time of purchase)
• Products returned after the 14-day inspection period

B. Government Procurement Returns (Federal, Provincial, Municipal Agencies)

1. Contract-Governed Return Terms

• Return and acceptance terms are primarily governed by the specific procurement contract, RFP response, or Standing Offer Agreement (SOA)
• Where contract terms differ from this general policy, contract terms take precedence
• Standard inspection period: 30 days from delivery unless otherwise specified in contract

2. Government Acceptance Testing & Returns

• Government agencies may conduct field testing during the acceptance period
• Products failing to meet contract specifications may be returned for full refund or replacement at no cost to the agency
• No restocking fees apply to government returns within contract acceptance period
• Return shipping arranged and paid by WarmHub for contract compliance issues

3. Standing Offer Agreements (SOA) & Master Service Agreements

• Return terms for SOA orders follow the master agreement provisions
• Call-up orders under SOAs typically have extended acceptance periods for pilot programs
• Contact your dedicated government account manager for specific return procedures

C. Retail Consumer Returns (End-User Purchases from Authorized Retailers)

1. Consumer Return Period

• 30-day return window from delivery date for unused products
• Products must be unused, unworn, and in original packaging with all tags attached
• Proof of purchase required (order number, receipt, or invoice)

2. Consumer Refund Process

1. Contact us via email to initiate return
2. Receive return authorization and prepaid shipping label (for eligible returns)
3. Package items securely and ship within reasonable time
4. Refund processed promptly after items are received and inspected
5. No restocking fees for consumer returns meeting return requirements

3. Non-Returnable Consumer Items

• Heated apparel that has been worn, washed, or activated
• Products with removed tags or damaged packaging
• Final sale or clearance items

D. Defective, Damaged, or Non-Conforming Products (All Customer Types)

1. Reporting Defects or Damage

• Contact us promptly upon discovering any defect, damage, or non-conforming product
• Provide clear photos/videos documenting the issue and product serial numbers
• Describe the defect and circumstances of discovery

2. Our Commitment to Quality Issues

• Free return shipping arranged by WarmHub for all confirmed defective or damaged products
• Full refund or replacement at customer's choice (subject to product availability)
• No restocking fees or return costs for defective/damaged items
• Expedited processing for safety-related defects

3. Manufacturing Defects vs. Normal Wear

• Manufacturing defects covered: heating element failure, battery defects, seam separation, material flaws
• Not covered: damage from misuse, improper washing, unauthorized repairs, normal wear and tear
• See our warranty section for extended coverage beyond return period

E. Legal Rights and Disclaimers

1. Consumer Protection Rights (Retail Consumers Only)

Under the Canada Consumer Product Safety Act (CCPSA) and provincial consumer protection legislation, retail consumers have statutory rights:

• Products are designed to meet applicable Canadian safety standards
• Products are described based on manufacturer specifications and typical performance
• Right to refuse products not meeting safety or quality standards
• Extended remedies for serious defects beyond stated return period

2. B2B/Commercial Transaction Disclaimer

Important: B2B and wholesale transactions are commercial contracts governed by the Sale of Goods Act and commercial contract law, not consumer protection legislation. The following provisions apply:

• Parties are sophisticated commercial buyers responsible for inspecting goods upon delivery
• Return periods, restocking fees, and shipping costs are commercially reasonable terms
• Consumer protection legislation does not apply to B2B wholesale purchases

3. Provincial Variations

Some provinces (notably Quebec under the Consumer Protection Act) may have additional consumer rights. Contact us if you believe provincial consumer protection laws provide you with additional remedies.

4. Dispute Resolution

Any disputes regarding returns or refunds shall first be addressed through good-faith negotiation. If resolution cannot be reached, disputes may be subject to binding arbitration or jurisdiction in Ontario courts as specified in our Terms of Service.

Shipping Policy

1. Shipping Coverage & Destinations

A. Domestic Shipping (Canada)

We ship to all Canadian provinces and territories through our coast-to-coast fulfillment network:

• Eastern Hub (Toronto, ON): Serving Ontario, Quebec, Atlantic provinces, and Eastern territories
• Western Hub (Vancouver, BC): Serving British Columbia, Alberta, Saskatchewan, Manitoba, and Northern territories

Our 3PL (Third-Party Logistics) fulfillment partners provide professional warehousing, inventory management, and carrier coordination for optimal delivery performance.

B. International Shipping (USA & Beyond)

United States: We ship to all US states via USMCA-compliant cross-border logistics. US customers benefit from duty-free treatment on eligible heated apparel products under USMCA Rules of Origin (Chapter 61/62 tariff classification).

• Customs Clearance: Handled by our licensed customs brokers (CBSA-approved)
• Duties & Taxes: Customer is responsible for destination country import duties, sales tax, and customs fees (DDP terms available upon request)
• Documentation: Commercial invoice, USMCA Certificate of Origin, and safety certifications provided

Other International Destinations: Contact us for quote on shipping to Europe, Asia, or other regions. Minimum order quantities may apply for international shipments.

2. Processing Time

Processing times vary based on order type, product availability, and customization requirements:

• In-stock standard orders: Processed promptly through our fulfillment network (Toronto or Vancouver location, closest to destination)
• Wholesale/bulk orders: Processing time varies by order size and product availability (typically ready for shipment within a reasonable timeframe after order confirmation)
• Custom/personalized orders: Require additional production time; contact us for specific timeline based on customization complexity
• Government procurement: Processing follows contract-specified timelines and acceptance testing requirements

⚠️ Peak Season Notice: During winter months (November-February), processing may experience delays due to high order volumes. We proactively communicate extended timelines at order confirmation and provide priority handling options for urgent orders.

3. Global Fulfillment Network & Shipping Origin

🌍 Multi-Location Fulfillment Strategy: WarmHub operates a flexible global fulfillment network to ensure product availability and competitive delivery times. Orders are fulfilled from the nearest warehouse with available stock, which may include:

• Canada Warehouses: Ontario (Oakville area) - Primary fulfillment center for Canadian orders when stock is available
• International Manufacturing Facilities: Direct shipment from our manufacturing partners when Canadian stock is unavailable or for custom/OEM orders
• Other Global Locations: Additional fulfillment centers may be used based on inventory availability and customer location

⚠️ Important: Delivery times and shipping costs vary significantly based on fulfillment location. Orders may take longer if shipped from overseas facilities. By proceeding with your order after receiving shipping origin information, you acknowledge and accept the estimated delivery timeframe and any applicable import fees.

4. Estimated Delivery Times

Estimated carrier transit times after order ships from our fulfillment centers:

Canada Domestic Transit Times

USA Cross-Border Transit Times

⚠️ Delivery Time Disclaimer: All delivery times are estimates only based on typical carrier performance and are NOT guaranteed delivery dates. Actual transit times may vary significantly based on factors beyond our control, including but not limited to: weather conditions, carrier operational delays, customs clearance times, remote location accessibility, peak season volumes, and force majeure events. We expressly disclaim any liability for delayed deliveries. For time-sensitive orders, we recommend selecting express shipping and adding buffer time to your planning. Track your shipment using the provided tracking number for real-time updates.

5. Shipping Costs & Pricing Structure

A. Retail/Small Order Shipping (Sample Orders, Small Retailers)

• Free standard shipping on orders over $500 CAD (Canada only)
• Standard parcel shipping: $12.99 - $24.99 (varies by weight, dimensions, and destination zone)
• Express parcel shipping: $24.99 - $49.99 (guaranteed faster transit time)
• Remote area surcharge: +$15-$50 for Northern territories and isolated communities

B. Wholesale/Bulk Order Shipping (Shipping Programs)

Volume-based shipping rates for wholesale customers:

Note: LTL (Less-Than-Truckload) freight recommended for orders exceeding 150 lbs or 5+ pallets. Contact us for custom freight quotes and dedicated trucking for very large shipments.

C. International Shipping Costs (USA & Global)

• USA shipping: Starting at $29.99 for standard cross-border parcel; actual cost calculated based on weight, dimensions, and destination zip code
• USA wholesale orders $5,000+ CAD: Negotiated cross-border freight rates available; free shipping may apply for large orders ($15,000+ CAD)
• Customs brokerage fees: Typically $50-$150 for USA shipments (included in our shipping cost for orders over $2,000 CAD)
• International (non-USA): Contact us for quote; rates vary significantly by destination country

⚠️ Important: International customers are responsible for all destination country import duties, sales taxes (VAT/GST), and customs clearance fees unless DDP (Delivered Duty Paid) terms are explicitly agreed upon in writing.

D. Special Shipping Services

• Will Call / Dock Pickup: Free for local Toronto/Vancouver customers (by appointment, requires government-issued ID)
• White glove delivery: Inside delivery, unpacking, and debris removal (add $100-$300 depending on order size and location)
• Liftgate service: For locations without loading dock (add $50-$100 for LTL freight shipments)
• Cargo insurance: Available for high-value shipments (1% of declared value, minimum $25)
• Dedicated trucking: For extremely large or time-sensitive orders (quote upon request)

6. Incoterms & Freight Responsibility (B2B Transactions)

For wholesale and commercial orders, we support standard Incoterms® 2020 terms:

• FOB (Free On Board) - Origin: Risk transfers to buyer when goods are loaded onto carrier at our fulfillment center. Buyer arranges and pays for shipping.
• FOB Destination: WarmHub retains risk until goods are delivered to buyer's location. WarmHub arranges and pays for shipping (default for most orders).
• CIF (Cost, Insurance, and Freight): Available for international shipments; WarmHub arranges shipping and insurance to destination port.
• DDP (Delivered Duty Paid): WarmHub pays all duties, taxes, and customs fees (available for USA/international orders upon request; additional charges apply).
• EXW (Ex Works): Buyer collects goods from our Toronto or Vancouver fulfillment center and assumes all shipping costs and risks (pickup by appointment only).

Unless otherwise specified in writing, all orders default to FOB Destination terms with WarmHub arranging and prepaying freight charges.

7. Order Tracking & Shipment Visibility

• Tracking notification: You will receive a tracking number via email within 1 business day after your order ships
• Carrier tracking portals: Canada Post, Purolator, UPS, FedEx, and LTL carriers provide real-time tracking via their websites
• Delivery confirmation: Signature required for orders over $1,000 CAD (proof of delivery available upon request)
• Wholesale customer support: Large orders receive dedicated logistics coordinator contact for shipment updates

8. Delivery Issues & Responsibility

A. Refused Deliveries & Incorrect Addresses

• Customer responsibility: You are responsible for providing accurate shipping address and ensuring someone is available to receive delivery
• Refused shipments: If you refuse delivery, you will be charged return shipping costs plus 20% restocking fee
• Address correction: After shipment, address changes incur $25-$100 correction fee charged by carrier (if correction is possible)
• Undeliverable packages: Returned to us due to incorrect address will be reshipped upon request (customer pays reshipping costs)

B. Lost, Damaged, or Stolen Shipments

• Carrier liability: Once shipment is picked up by carrier, the carrier assumes liability for loss or damage during transit
• Damage claims: Must be reported within 48 hours of delivery. Retain all packaging materials for carrier inspection. WarmHub will assist with carrier claim process but is not financially liable for carrier-caused damage.
• Lost shipments: Report non-delivery within 10 business days of estimated delivery date. We will initiate carrier investigation and file claim on your behalf.
• Theft after delivery: Packages marked as delivered by carrier but not received are considered theft (not carrier loss). File police report and contact WarmHub via email. We may offer replacement at a preferential rate on a case-by-case basis but are not obligated to replace stolen packages.

💡 Recommendation: For high-value orders, we strongly recommend adding cargo insurance ($25 minimum) to protect against all loss/damage scenarios.

9. Force Majeure and Shipping Delays

WarmHub and its logistics partners are NOT liable for shipping delays or inability to fulfill delivery caused by events beyond our reasonable control (Force Majeure), including but not limited to:

• Severe weather events: Blizzards, ice storms, hurricanes, floods, wildfires, extreme cold/heat
• Natural disasters: Earthquakes, tsunamis, volcanic eruptions, landslides
• Carrier operational issues: Carrier delays, service disruptions, equipment failures, route closures, capacity constraints
• Labor disruptions: Strikes, lockouts, work stoppages, slowdowns (carrier employees, warehouse workers, border agents, etc.)
• Government actions: Customs delays, import/export restrictions, regulatory changes, border closures, inspection requirements, quarantine orders
• Public health emergencies: Pandemics, epidemics, disease outbreaks, public health orders affecting logistics operations
• Civil unrest & security issues: Riots, protests, terrorism, war, sabotage, theft, vandalism
• Infrastructure failures: Port congestion, airport closures, highway blockages, bridge collapses, power outages affecting logistics hubs
• Trade disruptions: Trade wars, tariff changes, sanctions, export controls, embargoes, USMCA/trade agreement disputes
• Supply chain disruptions: Manufacturing delays, raw material shortages, semiconductor shortages, battery component availability, global logistics crises
• Cyber incidents: Cyberattacks, ransomware, system outages affecting carrier or customs systems
• Acts of God: Any other unforeseeable events beyond human control

Response to Force Majeure Events: In the event of Force Majeure delays, we will:

• Notify affected customers promptly via email with updated timeline estimates
• Make commercially reasonable efforts to fulfill orders as soon as circumstances permit
• Offer order cancellation and full refund if delay exceeds 30 days (customer may elect to wait)
• Provide alternative shipping methods if available (customer may be responsible for cost difference)

⚠️ Legal Notice: By placing an order, you acknowledge that delivery times are estimates and WarmHub is not liable for consequential damages, lost profits, business interruption, or any indirect damages resulting from shipping delays. This limitation applies to the maximum extent permitted by law, except where mandatory consumer protection legislation provides greater rights (see Terms of Service for details).

8A. Seasonal Delivery Delays (Peak Period Notice)

Peak Shopping Seasons: During high-volume shopping periods, delivery times may be extended beyond standard estimates due to increased demand on logistics networks. These are anticipated operational delays, not Force Majeure events:

• Holiday Season (November-January): Black Friday, Cyber Monday, Christmas, Boxing Day, New Year - expect 3-7 additional business days
• Back-to-School Rush (August-September): College/university start dates - expect 2-5 additional business days
• Singles' Day (November 11): Global shopping event - international logistics impact - expect 5-10 additional days for cross-border shipments

Advance Notice Obligation: WarmHub will provide email notifications when orders are placed during peak seasons, including revised delivery estimates. Customers may choose to proceed with the order or cancel for a full refund if not yet shipped.

⚠️ Distinction from Force Majeure: These seasonal delays are predictable and within carrier control (though capacity-constrained). They do not trigger Force Majeure protections. However, if a Force Majeure event (e.g., severe winter storm) occurs DURING peak season, Force Majeure provisions apply.

9. Carrier Liability Limitations & Insurance

Important: All carriers have limited liability for loss or damage:

• Canada Post: Liability limited to $100 CAD unless additional insurance purchased
• Courier services (Purolator, UPS, FedEx): Typically $100-$300 CAD standard coverage; declared value coverage available
• LTL freight carriers: Liability limited to $2-$4 per pound (CAD) under standard tariff; full value insurance recommended for high-value shipments

WarmHub Disclaimer: WarmHub is not a carrier and does not assume carrier liability. Once goods are tendered to the carrier, the carrier's liability terms apply. WarmHub's maximum liability for shipping issues is limited to refunding the shipping charges paid (see Terms of Service Section 5 for complete liability limitations).

Insurance Recommendation: For orders over $2,000 CAD, we strongly recommend purchasing cargo insurance (1% of declared value, $25 minimum) to protect against all loss/damage scenarios beyond standard carrier coverage.

10. Shipping Policy Updates

WarmHub reserves the right to update shipping rates, transit times, and policy terms at any time without prior notice. Current shipping rates apply to all new orders. For orders already placed, original quoted shipping terms will be honored.

Last updated: January 23, 2025

Warranty & Product Care

1. Limited Product Warranty

Warranty Period

• 1-year limited warranty from original purchase date on all heated apparel products
• Warranty applies to original purchaser only and is non-transferable
• Proof of purchase required for all warranty claims

What is Covered

• Defects in materials and workmanship
• Heating element failure or malfunction under normal use
• Battery defects (swelling, failure to charge, premature discharge)
• Controller/temperature control system defects
• Seam separation or material deterioration due to product defects

What is NOT Covered (Warranty Exclusions)

• Normal wear and tear: Fading, pilling, minor stretching from regular use
• Misuse or abuse: Damage from improper use, overstretching, or unauthorized modifications
• Improper care: Damage from incorrect washing (e.g., washing with battery installed, using hot water, harsh detergents)
• Unauthorized repairs: Products repaired or modified by non-authorized service providers
• Accident or external damage: Fire, water damage, punctures, tears, animal damage, vehicle accidents
• Cosmetic issues: Minor color variations, insignificant thread pulls, or aesthetic imperfections not affecting functionality
• Battery degradation: Normal battery capacity reduction over time (expected ~80% capacity after 500 charge cycles)
• Products purchased from unauthorized resellers: Warranty only valid for purchases from WarmHub or authorized distributors

Customization and Warranty Coverage

Definition: Authorized vs. Unauthorized Modifications

To eliminate ambiguity, WarmHub explicitly defines what constitutes "authorized" versus "unauthorized" modifications:

2. Safety Standards & Compliance (Updated 2024)

All products we supply meet or exceed current Canadian safety and regulatory standards:

• Canada Consumer Product Safety Act (CCPSA): Full compliance with product safety requirements
• UN 38.3 Battery Testing: Lithium battery safety for transport and use
• IEC 60335-2-17: International standard for heating appliances
• RoHS Compliance: Restriction of Hazardous Substances in electrical equipment
• REACH Compliance: European chemical safety standards (for export products)
• Overheating Protection: Automatic shutoff at unsafe temperatures
• EMC/EMI Testing: Electromagnetic compatibility and interference standards

Safety Certifications: All products carry visible certification marks. Certificate numbers available upon request.

3. Care Instructions

• Remove battery pack before washing
• Machine wash cold, gentle cycle
• Air dry or tumble dry low
• Do not iron heating elements
• Store in cool, dry place

4. How to File a Warranty Claim

If you believe your product has a defect covered by warranty:

1. Contact our warranty team via email with your original order number and purchase date
2. Describe the issue in detail: When did it start? What symptoms? How is the product being used?
3. Provide clear photos or videos showing the defect, product tags, and serial numbers
4. Our warranty team will evaluate your claim and determine if the issue is covered under warranty
5. Resolution options: Based on evaluation, we'll offer repair, replacement with equivalent product (subject to availability), or refund at our discretion
6. Return shipping: For approved warranty claims, we provide prepaid return shipping labels

Note: Warranty claims are processed promptly. Complex issues requiring detailed inspection may take additional time. We'll keep you informed throughout the process.

5. Warranty Remedies and Limitations

A. Exclusive Warranty Remedies

Your SOLE AND EXCLUSIVE REMEDY for any breach of this limited warranty is, at WarmHub's option:

1. Repair: Free repair of the defective product
2. Replacement: Replacement with an equivalent product (new or refurbished to equivalent functionality)
3. Refund: Refund of the original purchase price of the defective product

Warranty period for replacement products does not extend beyond the original product's warranty expiration date.

B. Limitation of Liability - CRITICAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. Total Aggregate Liability Cap

WarmHub's total aggregate liability for any and all claims arising from or relating to a product, whether based in contract, tort (including negligence), strict liability, product liability, or any other legal theory, SHALL NOT EXCEED THE PURCHASE PRICE paid by you for that specific product.

2. No Consequential, Incidental, or Indirect Damages

WarmHub SHALL NOT BE LIABLE for any of the following, even if advised of the possibility of such damages:

• Personal injury, bodily harm, or death (except as required by mandatory consumer protection law)
• Property damage to other items or belongings (clothing, furniture, vehicles, etc.)
• Medical expenses, healthcare costs, or rehabilitation expenses
• Lost profits, lost revenue, or lost business opportunities
• Loss of use, downtime, or business interruption
• Loss of data or corrupted data
• Cost of substitute or replacement goods (beyond warranty remedy)
• Time off work, lost wages, or loss of income
• Emotional distress, pain and suffering, or mental anguish
• Third-party claims (claims brought by others against you)
• Punitive, exemplary, or special damages
• Legal fees and court costs (except as awarded by a court or arbitrator)

3. Failure of Essential Purpose

These limitations of liability apply EVEN IF:

• WarmHub was advised, knew, or should have known of the possibility of such damages
• Any remedy provided herein fails of its essential purpose
• The damages were foreseeable or should have been foreseeable

C. Disclaimer of Warranties (Beyond Limited Warranty)

EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, WarmHub makes NO OTHER WARRANTIES, EXPRESS OR IMPLIED, including but not limited to:

• No implied warranty of merchantability: Products may not be suitable for all purposes
• No implied warranty of fitness for a particular purpose: You are responsible for determining if product suits your specific needs
• No warranty of non-infringement: We do not warrant that product use won't infringe third-party rights
• No warranty of uninterrupted or error-free operation

TO THE EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES ARE DISCLAIMED. Where law prohibits complete disclaimer, such warranties are limited to the duration of the express warranty period (1 year).

D. Consumer Protection Override (Mandatory Rights)

For retail consumers (individuals purchasing for personal, family, or household use):

• Where provincial consumer protection legislation (e.g., Ontario's Consumer Protection Act, Quebec's Consumer Protection Act) provides greater rights or prohibits certain limitations of liability, those statutory rights prevail over these Terms
• Liability for death or personal injury caused by negligence or breach of statutory duty CANNOT be excluded or limited where prohibited by law
• You may have additional rights under the Canada Consumer Product Safety Act (CCPSA) that cannot be waived

Important: These limitations are more restrictive for commercial/B2B buyers who are purchasing for business purposes and are not protected by consumer legislation.

E. Commercial/B2B Buyer Acknowledgment

By purchasing products for business, wholesale, resale, or commercial purposes, you acknowledge and agree that:

• You are not purchasing for personal, family, or household use
• Provincial consumer protection legislation does not apply to your transaction
• You have adequate business insurance to cover potential risks and liabilities
• These warranty limitations and liability caps are commercially reasonable and reflect the product pricing structure
• You accept these limitations as a material inducement for WarmHub to enter into this transaction

F. Product Liability Insurance

WarmHub maintains commercial general liability insurance covering product liability claims arising from product defects. Insurance coverage is subject to policy terms, conditions, exclusions, and limits. The existence of insurance does not expand warranty coverage, liability limits, or remedies beyond those stated in these Terms.

G. Severability of Limitations

If any court or arbitrator finds any limitation in this section to be unenforceable with respect to a particular claim or remedy, that specific limitation shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed, and all other limitations shall remain in full force and effect.

6. B2B/Wholesale Warranty Terms

For wholesale and B2B customers, the following additional terms apply:

• Warranty applies to products sold to end-users by the wholesaler/retailer
• Wholesalers must maintain purchase records and facilitate warranty claims from their customers
• Bulk warranty replacements subject to minimum defect rate thresholds (contact B2B support for details)
• Government procurement contracts may have extended warranty terms as specified in contract agreements

Wholesale Terms

1. Eligibility

• Valid business registration required
• Minimum order quantities apply
• Credit check may be required for large orders

2. Pricing

• Tiered pricing based on order volume
• Prices subject to change with 30 days notice
• Program pricing available for large orders

3. Payment Terms

• Net 30 for approved accounts
• Credit card or prepayment for new accounts
• Late payment fees: 2% per month

4. OEM/ODM Services

Custom branding and product development available for qualified partners. Minimum order quantities and development fees apply.

Anti-Spam Compliance (CASL)

1. Express Consent for Commercial Electronic Messages

We only send commercial electronic messages (CEMs) to individuals who have provided express consent:

• Opt-in Required: We use clear opt-in mechanisms (not pre-checked boxes)
• Clear Purpose: We clearly state what messages you will receive
• Sender Identification: All messages clearly identify WarmHub as the sender
• Contact Information: Every message includes our valid contact information

2. Unsubscribe Mechanism

• Every commercial message includes a clear unsubscribe link
• Unsubscribe requests are processed within 10 business days
• No fee or login required to unsubscribe
• Unsubscribe mechanism remains valid for at least 60 days

3. Implied Consent (Existing Business Relationship)

We may send messages based on implied consent if:

• You purchased products from us within the last 2 years
• You made an inquiry within the last 6 months
• Messages are relevant to the business relationship

4. Record Keeping

We maintain records of consent for at least 3 years, including:

• Date and method of consent
• Name and contact information of consenting individual
• Form of consent request

5. Penalties for Non-Compliance

CASL violations can result in penalties up to $10 million CAD per violation. WarmHub takes compliance seriously and has implemented robust processes to ensure adherence.

Cookie Policy

What Are Cookies?

Cookies are small text files stored on your device when you visit our website. They help us provide you with a better experience.

Types of Cookies We Use

Essential Cookies

• Required for website functionality
• Language preference (EN/FR)
• Shopping cart functionality

Performance Cookies

• Help us understand how visitors use our site
• Improve website performance

Marketing Cookies

• Track effectiveness of marketing campaigns
• Personalize advertising (with your consent)

Managing Cookies

You can control cookies through your browser settings. Note that disabling cookies may affect website functionality.

Accessibility Statement (Accessible Canada Act - ACA)

1. Current Accessibility Features

• Keyboard Navigation: Full website navigation using keyboard only
• Screen Reader Compatible: Semantic HTML and ARIA labels for assistive technologies
• Clear Focus Indicators: Visible focus states for keyboard users
• Adequate Color Contrast: WCAG AA compliant color ratios
• Resizable Text: Text can be enlarged up to 200% without loss of functionality
• Alt Text: Descriptive alt text for all meaningful images
• Bilingual Support: Full website available in English and French

2. Ongoing Accessibility Improvements

We are continuously working to improve the accessibility of our website and will:

• Conduct regular accessibility audits
• Test with assistive technologies and real users
• Train our team on accessibility best practices
• Address accessibility issues promptly

3. Feedback and Contact

We welcome your feedback on the accessibility of WarmHub. If you encounter accessibility barriers:

• Email: [email protected]
• Contact Form: Available on contact.html page
• Response Time: We aim to respond within 5 business days

4. Alternative Formats

If you require information in alternative formats (large print, Braille, audio, etc.), please contact us. We will provide the information in an accessible format within a reasonable timeframe at no additional cost.

5. Accessible Canada Act Compliance Plan

As required by the Accessible Canada Act, we have developed an accessibility plan outlining:

• Policies and practices to identify, remove, and prevent accessibility barriers
• Consultation with persons with disabilities
• Progress reports published annually
• Feedback mechanism for accessibility concerns

Our full Accessibility Plan is available upon request and will be made public in accordance with ACA requirements.

Global Service Commitments & Disclaimers

1. Operational Structure & Geographic Service Areas

Operations Base

• Product Sourcing: All products in our catalog meet ISO 9001:2015 quality standards and international certifications
• Quality Assurance: Rigorous quality control with international standards compliance
• Canadian Presence: Canadian business registration with local business representatives
• Distribution Network: Strategic warehousing in North America for faster delivery to Canadian customers

Service Geographic Scope

• Primary Market: Canada (all provinces and territories)
• Extended Markets: United States, European Union (selected countries)
• Service Limitations: Response times and warranty support may vary based on geographic location and local regulations

2. International Shipping Commitments & Limitations

Standard Shipping Terms

• Canada (from North American warehouse): 3-7 business days standard, 1-3 business days express
• Canada (international shipping): 10-21 business days for out-of-stock items or custom orders
• United States: 5-10 business days standard, 3-5 business days express
• International: 15-30 business days depending on destination and customs clearance

Customs & Import Duties Disclaimer

Shipping Address & Delivery Requirements

• Customers must provide complete, accurate shipping addresses with valid contact email
• We are not responsible for delivery failures due to incorrect addresses or unreachable recipients
• P.O. Box deliveries may be restricted for battery-powered products (UN 38.3 regulations)
• Signature may be required for high-value orders (over $500 CAD)

3. Cross-Border Service Commitments

Customer Service Response Times

Note: Response times are calculated from receipt of inquiry during business hours. Time zone differences may affect communication with international customers.

Language Support

• Full Support: English, French (Canadian official languages)
• Primary Support: English & French (all inquiries)
• Translation Services: Available upon request for other languages (may extend response times)

4. Warranty & Technical Support for International Customers

International Warranty Coverage

• Standard Warranty: 1-year limited warranty on all heated products (global coverage)
• Warranty Validation: Valid with proof of purchase from authorized WarmHub channels only
• International Returns: Customers are responsible for return shipping costs to designated service centers
• Replacement Shipping: For valid warranty claims, WarmHub covers standard shipping for replacement products

Warranty Exclusions (International)

5. Limitation of Liability

General Liability Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Indirect Damages: WarmHub shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, even if advised of the possibility of such damages.
• Maximum Liability Cap: Our total aggregate liability for all claims arising from your purchase shall not exceed the amount you paid for the product(s) in question.
• Third-Party Services: We are not responsible for failures, delays, or errors caused by third-party service providers including shipping carriers, payment processors, customs authorities, or telecommunications providers.
• Cross-Border Transactions: WarmHub is not responsible for exchange rate fluctuations, foreign transaction fees charged by payment providers, or differences in tax treatment between countries.
• Product Use: Customers are responsible for using products in accordance with provided instructions and safety guidelines. Misuse, modification, or failure to follow care instructions voids all warranties and liability.

Force Majeure (Acts of God)

WarmHub shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters, epidemics, pandemics, or public health emergencies
• War, terrorism, civil unrest, riots, or government actions
• Labor strikes, supply facility disruptions, or supply chain disruptions
• Trade restrictions, tariffs, embargoes, or changes in international trade policy
• Internet, telecommunications, or power failures
• Fires, floods, earthquakes, or other environmental catastrophes

In such events, our obligations shall be suspended for the duration of the force majeure event. We will make reasonable efforts to notify affected customers and fulfill orders when circumstances permit.

6. Governing Law & Dispute Resolution

Applicable Jurisdiction

• Canadian Customers: These terms are governed by the laws of Ontario, Canada, and federal Canadian law. Disputes shall be resolved in the courts of Ontario.
• International Customers: Disputes shall be governed by Canadian law, but we recognize that local consumer protection laws may also apply in your jurisdiction. We encourage customers to first contact us via email for resolution before pursuing legal action.

Dispute Resolution Process

1. Informal Resolution: Contact us via email within 60 days of issue arising. Most disputes are resolved at this stage.
2. Mediation: If informal resolution fails, parties agree to attempt mediation before litigation.
3. Arbitration (Optional): For disputes under $10,000 CAD, parties may agree to binding arbitration in accordance with Canadian arbitration rules.
4. Class Action Waiver: To the extent permitted by law, both parties waive the right to participate in class action lawsuits.

7. Product Compliance & Safety Standards

International Safety Certifications

All products we supply meet international safety standards including:

• Canada Consumer Product Safety Act (CCPSA): Full compliance for Canadian market
• CE Marking: European conformity for electrical safety and EMC
• FCC Certification: US Federal Communications Commission compliance
• RoHS & REACH: Restriction of hazardous substances in electronics
• UN 38.3: Lithium battery testing for transportation safety
• IEC 60335-2-17: International standard for heating appliances

Customer Responsibility for Local Compliance

8. Price & Currency Disclaimers

• Base Currency: All prices displayed on our website are in Canadian Dollars (CAD) unless otherwise specified
• Exchange Rates: International customers will be charged in CAD. Your payment provider will apply their exchange rate and may add foreign transaction fees. WarmHub is not responsible for exchange rate fluctuations or third-party fees.
• Price Changes: Prices are subject to change without notice. The price at the time of order confirmation is the final price. We reserve the right to cancel orders placed at incorrect prices due to system errors.
• Tax Treatment: For Canadian customers, GST/HST/PST are calculated at checkout. International customers are responsible for all applicable import taxes, VAT, or duties in their country.

9. Contact Information for Global Service Inquiries