1. USE OF THIS WEBSITE
The present website is owned and operated by Vêtements Ctrue Inc. doing business as Ctrue clothing for your personal and non-commercial use and information. Your use of this website is subject to the following terms and conditions of use and sale (“Terms”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this website. Ctrue clothing reserves the right to change, modify, alter or otherwise update the Terms applicable to the present website without prior written notice at any time, and from time to time, at the Company’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to this website by posting notice of same on this website. Following the posting of any such notice, your continued use of this website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies. Ctrue clothing’s products and services available through this website (“Products”) may only be ordered by individuals residing in Canada. This website is not intended for access or use outside of Canada. It is your responsibility to ensure that your access to this website and the material and information available on or through it are legal in each jurisdiction in or through which you access or view the website and such material and information.
2. PRIVACY PRACTICES
3. USE BY ADULTS ONLY – NO USE BY MINORS
The present website is intended for use by adults only. When you use this website to purchase Products, you represent that you are of legal age to enter into any purchase agreement through this website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to the Company. Ctrue clothing does not knowingly collect information from children under the age of thirteen (13).
4. USER ACCOUNT
When registering on this website for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. Ctrue clothing reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
5. PRODUCT DESCRIPTION AND AVAILABILITY
All the Products which could be purchased from this website are available for sale and distribution to customers in Canada only. Ctrue clothing attempts to be as accurate as possible in describing all Products available for sale and/or distribution. However, Ctrue clothing does not warrant that Product descriptions or other content of this website are accurate, complete, reliable, current or error-free. There may be slight variations from time to time in style or color reproduction, or in text descriptions relating to the Products. As the actual colors you will see will depend on your monitor, Ctrue clothing is unable to promise or guarantee your monitor’s display of any color will actually reflect the color of the Product delivered to you. The availability of certain Products may be limited, and Products may not be available for immediate delivery. We may revise or cease to make available any Products at any time without prior notice. In the event that we are unable to deliver to you a Product ordered due to lack of availability, we will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
Ctrue clothing is pleased to accept orders provided they are for the personal, non-commercial use by its customers. Ctrue clothing will not accept orders which are intended for resale or distribution for commercial purposes. The resale of any Products purchased on the website without the express written agreement of the Company is not permitted. Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Complete Checkout” button), such order will constitute an offer from you to Ctrue clothing to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Ctrue clothing until accepted by Ctrue clothing. Ctrue clothing’s acceptance of your order is evidenced by return e-mail from the Company indicating that your order has been accepted. THIS CTRUE CLOTHING WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
The prices and Product orders are quoted and shall be processed in Canadian dollars. Although Ctrue clothing tries to provide accurate product and pricing information, errors may occur. The Company reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, and then contact you to ask you to place a new order for the Product at the correct price.
8. CONSENT FOR USAGE OF ELECTRONIC DOCUMENTS
By using this website, you hereby consent to the exchange of information and documents between you and Ctrue clothing over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further 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.
9. PAYMENT TERMS AND CANCELLATION OF ORDERS
The terms of payment for any Products purchased through this website shall be determined at the Company’s sole discretion. Payment shall be made by credit card and/or e-gift card only. Only one credit card and one e-gift card per order will be accepted. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card. Your payment can be made in a secure way, online, by MasterCard, Discover and Visa. The credit card being used must absolutely be yours. All credit cards are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, Ctrue clothing will not be liable for any delays or non-delivery of your order. In the event that your card authorization and validation are declined, Ctrue clothing reserves the right to cancel your order. The Company reserve its right to request that shipping be to the credit card billing address only. When you submit an order to us through this website you represent and warrant the payment details provided on your order are valid and correct and when your order is accepted and processed by us, payment will be made in full. Ctrue clothing reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, Ctrue clothing will issue a full refund.
10. SHIPPING / TAXES
Ctrue clothing will ship the product(s) you ordered to the address indicated on the Order Confirmation. Express delivery is not available for the moment. Standard Delivery is 5-7 business days. Shipments may take longer to deliver in the case of remote locations and/or during our peak seasons and limited-time sales. If several products have been ordered Ctrue clothing may deliver these products in separate shipments, at no extra cost to you, as each item becomes available. In order to ensure prompt delivery you must provide proper and complete address details and make one delivery charge per delivery address. A telephone number is required in case our delivery agents need to contact you. Delivery times provided by Ctrue clothing are only estimates. Ctrue clothing shall not be responsible for any damages or costs resulting from any delays in delivery. We may request a signature for the packages we deliver, in order to avoid lost packages. If no one is present at the designated address at the time of delivery, the carrier will try to contact you in order to make alternative arrangements. It is understood and agreed that you, as the customer, accept this responsibility. Ctrue clothing, at its discretion, has the option to have purchases delivered directly to the local post office of the customer and require a signature. Another option for customers is to put their daytime location (such as their work address) in the “Shipping Address” section of the Order information. Ctrue clothing shall not be responsible for any damages or costs resulting from loss of the package after it is delivered to the address chosen by the customer, in the manner chosen by the customer. All prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes unless otherwise stated. Separate charges for shipping, handling and taxes will be shown separately on the Order Confirmation for each order, as applicable. Canadian customers are responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order.
11. RISK OF LOSS / OWNERSHIP
Product(s) purchased from the Ctrueclothing.com website are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and you shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.
12. EXCLUSION AND DISCLAIMER OF WARRANTIES
CTRUE CLOTHING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CTRUE CLOTHING BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED FROM ON OR FROM ANY COMPANY WEBSITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. FOR THE PURPOSES OF THIS SECTION, “THE COMPANY” SHALL INCLUDE THE COMPANY’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
14. TRADEMARKS AND COPYRIGHTS
All material on the ctrueclothing.com website, including but not limited to, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Ctrue clothing, and Ctrue clothing does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Trademarks Act / Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Ctrue clothing. Trademarks, logos and service marks (collectively, “Marks”) displayed on the ctrueclothing.com website are registered or unregistered Marks of Ctrue clothing, are the sole property of Ctrue clothing, and may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Ctrue clothing. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Trademark Act / Copyright Act. Notwithstanding the foregoing, the Company authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this website or its contents; any collection of product listings, descriptions or prices; any other derivative use of this website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on this website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use of this website and/or its contents terminates the permission or license granted by the Company. Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.
15. CONFIDENTIALITY OF TRANSMITTED INFORMATION
Ctrue clothing reserves its right to monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Ctrue clothing makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Ctrue clothing ever decides to do it.
17. LINKS TO OTHER WEBSITES
Some links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website.
18. DAMAGE TO THIRD PARTIES
You consent not to introduce into or through this website or any other Company website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
19. RESERVATION OF RIGHTS; CHANGES TO THE WEBSITE
The Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this website or any part or section of it, and the Company will not be liable to you or any third party for doing so. Company may also impose rules for and limits on use of this website or restrict your access to part, or all, of this website without notice or liability. All rights not expressly granted in these terms are reserved to the Company.
These Terms shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and permitted assigns and bind the parties.
21. GOVERNING LAW
This website is controlled and operated by the Company from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
22. DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit yourself and agree to the personal and exclusive jurisdiction and venue of these courts.
23. FORCE MAJEURE
The Company will not be in breach of these Terms or otherwise liable for any delay in performance to the extent that any delay or failure results from circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The Company makes no representation that materials, information or Products provided on or through this website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
26. NO WAIVER
Failure of the Company to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of the Company to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
27. ENTIRE AGREEMENT
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by the Company making such amendments or modifications available to it pursuant to the terms here of.
28. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of the Company.
Ctrue clothing reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.
All headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.