DISCLAIMER AND PURCHASE CONDITIONS FOR EMMANUEL FASHIONS WEBSITE
3. Placing an Order No contract (“Contract”): in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. To place an order, you will be required to follow the shopping process online. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched or, if you selected the Pick-up from us directly, by sending you an email that the product is ready to pick-up. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. For all purchases made through the Site you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.
4. Availability of Products: All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid in respect thereof.
5. Refusal of Order/Modifications to website: We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website at any time. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or content on the Website for refusing to process or accept and order after we have sent you the Order Confirmation. In addition, we may also terminate, change, suspend or discontinue any aspect of the Site.
6. Delivery: Products offered through this Website are only available for delivery to addresses in Canada, United States and in India-(Pre Order items only in India). Subject to the provisions of Section 5 above and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) with in our standard delivery time. Customized or special items may take longer. If, for any reason whatsoever, we cannot meet the delivery date set forth in the Shipment Confirmation, you will be informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. We will consider delivery of a parcel that does not require a signature for delivery to have occurred upon confirmation from the delivery service that the parcel has been left at the agreed delivery address. If you choose the option to pickup from us, you will be required to show government issued photo identification identifying you as the person to whom the product is to be tendered.
7. For the purpose the Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to have been “delivered” upon receipt of the product(s) at the designated delivery address, or upon in-store pickup, as applicable. If we are unable to deliver the goods, we will try to find a safe and secure place to leave your parcel.
8. Risk and Title: The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery.
9. Price and Payment: The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices and terms quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling the order. To the extent permitted by law, we are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time. All prices are in Canadian Dollars (CAD). Once you have finished shopping on the Website, all the products you wish to purchase are added to your shopping cart. Click on ‘Proceed to Check Out’ and fill in your contact details and the delivery address details. Your next step will be to go through the checkout process and make payment. • Click the "Pay Now" button. Payment can be made by Visa, MasterCard, American Express or PayPal. By Authorizing the Payment, you are confirming that the credit card or debit card is yours. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
10. Refund/Returns Policy: Products once sold will not be taken back unless we dispatched the wrong item. Please reach out to us within 48 hours of receiving the order for reporting any complaints with regards to the product received as. Contact us by email at email@example.com where you will receive instructions from us. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email and within a reasonable period of time. We aim to process the refund or replacement as soon as possible. Please make sure you report the matter to us, and dispatch the product at the earliest once we accept the return request. Kindly do not dispatch the products before receiving a "Return Accepted" Confirmation email from us, we will not be able to entertain such requests.
11. Cancellation: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
12. Liability and Disclaimers: We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions. We may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Site, and we will not be liable to you or to any third party for doing so. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE , WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE SITE WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE , YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE . ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. IN NO EVENT WE ARE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE AND THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART. Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
13. Intellectual Property: The Site, including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, software and the HTML used to generate the pages (collectively, “Materials”), are the property of Emmanuel Fashions or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site , in whole or in part, for any public or commercial purpose without the specific prior written permission from us. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site , and we will not be liable to you or to any third party for doing so. Subject to Section 22, we may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. As between you and Emmanuel Fashions (or any other person or company whose marks appear on the Site ), Emmanuel Fashions (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The Emmanuel Fashions logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Emmanuel Fashions Intellectual Property”) are owned by Emmanuel Fashions registered in Canada and may be internationally. You agree not to display or use the Emmanuel Fashions Intellectual Property in any manner without Emmanuel Fashion's prior permission. Nothing on the Site should be construed to grant any license or right to use any Emmanuel Fashions Intellectual Property without the prior written consent from us. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by Emmanuel Fashions. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Canada, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website to the extent necessary to make a copy of any order. Emmanuel Fashions makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of Canada. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
14. Copyright and/or Trademark Infringement: If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information: • evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark; • a description of the copyrighted work or trademark that you claim has been infringed; • description of where the alleged infringing material is located on the Site including the permalink where the material is located; • your address, telephone number and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or that you are authorized to act on the owner's behalf; and • Your physical or electronic signature.
15. Indemnification: You agree to defend, indemnify and save and hold Emmanuel Fashions, its affiliates, their respective content and service providers, and their respective officers, and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
16. Written Communications when using our Site: You accept that communication with us will be mainly electronic and that such communication will be binding on you and Emmanuel Fashions. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
17. Registration, Password and Security: To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete. Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site . Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release Emmanuel Fashions, its affiliates, their respective content and service providers and their respective officers and agents from any and all liability concerning such transactions or activity. You agree to notify Emmanuel Fashions immediately of any actual or suspected loss, theft or unauthorized use of your account or password. Emmanuel Fashion has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Emmanuel Fashions will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
18 You hereby grant Emmanuel Fashions a right and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and Emmanuel Fashions in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: • post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; • post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it; • post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; • post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity; • post any chain letter or pyramid scheme; or • post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Emmanuel Fashions does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. Emmanuel Fashions does not confirm that each user is who he or she claims to be. Emmanuel Fashions exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither Emmanuel Fashions nor its affiliates, their respective content and service providers, or their respective officers, employees and agents will be liable in any way for such misuse. Because Emmanuel Fashions does not control the behavior of users or participants on the Site , in the event that you have a dispute with one or more such users, you hereby release Emmanuel Fashions, its affiliates, their respective content and service providers, and their respective officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute. Emmanuel Fashions acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If Emmanuel Fashions becomes aware of any Posted Content that allegedly may not conform to these Terms, Emmanuel Fashions may investigate the allegation and determine in its sole and absolute discretion whether to take action in accordance with these Terms. Emmanuel Fashions has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. Emmanuel Fashions expects that you will use caution and common sense when using the Site. Emmanuel Fashions HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST Emmanuel Fashions FOR SUCH REMOVAL AND/OR DELETION. Emmanuel Fashions IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILE APP. We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that Emmanuel Fashions has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, Emmanuel Fashions by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by Emmanuel Fashions.
19. Events outside our Control: We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: • strikes, lock-outs or other industrial action; • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; • Impossibility of the use of public or private telecommunications networks; • the acts, decrees, legislation, regulations or restrictions of any government; or • any shipping, postal or other relevant transport strike, failure or accidents. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
20. Severability: If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire Agreement: These Terms and any document expressly referred to in them or contained on or published on our Site including but not limited to, the Buying Guide, represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
22. Our right to modify theses terms: We have the right to revise and amend these Terms at any time. You will be subject to the Terms and Emmanuel Fashions policies in force at the time that you order products from us or use the Site. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and Emmanuel Fashions policies in force at the time that you order products from us.
24. Questions and Feedbacks: We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.