General Terms and Conditions
Last updated: 12 October, 2025
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Please read these General Terms and Conditions carefully. They govern your access to and use of www.fireheartfsma.com and related mobile sites (the “Site”) and the provision and sale of products and services by VOLHA Web Design Inc. and its affiliates, including Fire Heart FSMA, and its fulfillment providers (“Fire Heart FSMA,” “we,” “us,” or “our”). By accessing the Site or placing an order, you agree to be bound by these Terms in the version effective at the time of your order.
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These Terms apply to all offers, agreements, and transactions made through the Site and any Fire Heart FSMA sections accessible via the Site header tabs unless we explicitly say otherwise. These Terms are supplemented by our Privacy Notice and our Shipping Policy and Return & Exchange Policy, each incorporated by reference.
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1. Applicability
1.1. By using the Site or our services, you agree to these Terms, our Privacy Notice (https://www.fireheartfsma.com/privacy-notice), and any posted additional terms, policies, or guidelines for particular sections or services (collectively, “Additional Terms”). Together, these form the entire agreement between you and us and supersede prior understandings on the same subject.
1.2. If you use the Site on behalf of a business or organization, you are authorized to bind that entity to these Terms.
1.3. Every offer and transaction on the Site is governed by these Terms.
1.4. Any customer terms are expressly rejected and will not apply unless we agree in writing.
1.5. If you obtain a product or service directly from one of our partners, resellers, or affiliates rather than Fire Heart FSMA, the third party’s terms will apply to that purchase.
1.6. We may update the Site and these Terms without prior notice. Check this page when you use the Site.
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2. Your Account
2.1. An account may be required for some features or purchases.
2.2. You are responsible for your account, password, and all activity under it, including any orders placed by persons you permit to use the account.
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3. Terms of Sale
All offers are subject to availability and confirmation. We may decline orders in our discretion. A contract is formed when we email you an order confirmation.
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4. Site Content and Limited Use
4.1. The Site and its content, graphics, layouts, templates, text, images, logos, fonts, and blog posts, are owned by Fire Heart FSMA and protected by intellectual-property laws.
4.2. You may access and use the Site solely to prepare, evaluate, and order products or services from us. Other use, copying, sublicensing, or distribution of our content is not permitted except as expressly allowed in these Terms.
4.3. We may add to, modify, or remove Site content at any time.
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5. Acceptable Use and Compliance
5.1. Use the Site lawfully and responsibly, in compliance with applicable laws and these Terms.
5.2. You confirm you will not upload or order content that is unlawful, discriminatory, infringing, deceptive, harassing, defamatory, obscene, or otherwise objectionable, or that violates privacy, publicity, or IP rights.
5.3. You represent you are not subject to sanctions that would prohibit transactions with us and you will not use our products in violation of applicable trade controls or sanctions laws.
5.4. We may refuse content, cancel orders, or suspend or terminate services where we determine, in our discretion, that these Terms are violated.
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6. Your Materials and Permissions
6.1. By placing an order, you represent you have the rights and permissions needed for all materials you provide and you authorize us to produce the ordered products.
6.2. We do not claim ownership of your original designs, but the Site’s templates, layouts, and other platform assets remain our IP.
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7. Delivery, Title, Risk, and Shipping Scope
7.1. We ship within Canada only. No international shipping is currently available. Delivery addresses must be in Canada.
7.2. Delivery estimates shown at checkout include production time. Orders placed after 6pm ET are processed the next business day. We may ship items in installments; each installment is treated as a separate delivery.
7.3. Title and risk of loss pass to you when we hand your order to the carrier.
7.4. For electronic products, delivery occurs when we email the file or notify you that it is available for download.
7.5. Inspection window: Inspect your order upon receipt. Report damage, defects, or non-conformity to fireheartfsma@gmail.com within 7 days of delivery with your order number, description, and clear photos. This aligns with our Return & Exchange Policy.
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8. Returns, Credits, and Cancellations
8.1. As stated in our Return & Exchange Policy, because most items are custom or made-to-order, we do not accept general returns or exchanges.
8.2. If an item arrives damaged, defective, or incorrect, you may be eligible for store credit or a replacement. Credits cover product value only unless we state otherwise.
8.3. Orders cannot be cancelled or modified once production has begun.
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9. Canadian Sales Tax
We collect applicable GST/HST (and any applicable provincial taxes) as required by Canadian law. Taxes are typically calculated based on the destination of the shipment within Canada and shown at checkout.
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10. Indemnification
You agree to indemnify and hold harmless Fire Heart FSMA and our licensors, officers, directors, and employees from claims and expenses (including reasonable legal fees) arising out of your breach of these Terms or your materials provided to us.
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11. Disclaimer of Warranties
The Site and its content are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation or that product descriptions are accurate in all respects. Some jurisdictions do not allow exclusions; in that case, the exclusions apply to the maximum extent permitted by law.
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12. Limitation of Liability
To the fullest extent permitted by law, Fire Heart FSMA will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, or use, arising from your use of the Site or our products/services. Where liability cannot be excluded, it is limited to, at our option: (a) re-supply of services or payment of the cost to re-supply; or (b) replacement/repair of goods or payment of the cost to do so.
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13. Feedback
If you submit comments or suggestions, you grant us a non-exclusive, irrevocable, worldwide, royalty-free license to use them without restriction.
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14. Privacy and Cookies
Our Privacy Notice explains how we collect, use, disclose, store, and protect personal information in accordance with PIPEDA and applicable provincial privacy laws (including Alberta PIPA as applicable). See: https://www.fireheartfsma.com/privacy-notice.
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15. Eligibility
You must be the age of majority in your province or territory (or have parental/guardian consent) to use the Site or place orders.
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16. Governing Law, Jurisdiction, and Dispute Resolution
16.1. The seller of products and services on this Site is Fire Heart FSMA, operated by VOLHA Web Design Inc.
16.2. Except for IP matters governed by Canadian federal law, these Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules.
16.3. You agree that the courts of Alberta, Canada have exclusive jurisdiction and that venue is proper in Calgary, Alberta. The UN Convention on Contracts for the International Sale of Goods does not apply.
16.4. Consumer rights that cannot be waived by contract remain unaffected.
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17. Contact
Questions about these Terms or our policies: fireheartfsma@gmail.com.