Conditions of Sale
CONDITIONS OF SALE
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services from TEASE BY TORY, TEASE BY TORY reserves the right to change the present terms and conditions without prior written notice at any time, at TEASE BY TORY’s sole discretion. The terms “you” and “your” refer to the purchaser of Products using the www.teasebytory.com website. By using this website to make online purchases of products, you agree to be bound by and accept the terms and conditions set forth in this Agreement, and you represent that you are of legal age to enter into this Agreement and become bound by its terms. This Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Except as expressly provided for in this Agreement, TEASE BY TORY does not make or give any representation or warranty with respect to the Products you may purchase from this website.
SECTION 1 - YOUR CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby accept and consent to the exchange of information and documents between you and TEASE BY TORY over the internet or by email, and that this Agreement (together with any applicable Order Confirmation(s) accept by TEASE BY TORY as indicated in Section 3, below) 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.
SECTION 2 - OTHER DOCUMENTS, AGREEMENTS AND POLICIES
The use of this website is governed by a separate Terms of Service, as well as, Privacy, Terms of Agreement and Legal Notice(the “Other Policies”). You acknowledge and accept that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement shall supersede and take precedence of the Other Policies; in the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.
SECTION 3 - ORDER CONFIRMATION
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, such order will constitute an offer from you to TEASE BY TORY to purchase the Products 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 TEASE BY TORY until accepted by TEASE BY TORY. TEASE BY TORY’s acceptance of your order is evidenced by return email from TEASE BY TORY indicating that your order has been accepted.
SECTION 4 - CANCELLATION
TEASE BY TORY reserves the right, in its 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 and your credit card charged. In the event that your order is cancelled after your payment has been processed, TEASE BY TORY will issue a full refund. Once the order has been submitted in the checkout phase, the buyer may not amend their order any further or cancel the order.
SECTION 5 - PAYMENT TERMS
Terms of payment shall be determined at TEASE BY TORY’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by TEASE BY TORY. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
SECTION 6 - PRODUCT PRICING
All prices quoted are payable in Canadian Dollars (CAD). Although TEASE BY TORY strives to provide accurate product and pricing information, errors may occur. TEASE BY TORY 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. TEASE BY TORY cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or relation information for a Product (as described on the www.teasebytory.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, TEASE BY TORY may, at its sole discretion, refuse or cancel your order, whether before or after TEASE BY TORY’s acceptance thereof. If there is such an error in pricing, TEASE BY TORY will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
SECTION 7 - PRODUCT AVAILABILITY
The availability of certain Products may be limited, TEASE BY TORY may revise or cease to make available any Products at any time without prior notice. In the event that TEASE BY TORY is unable to deliver to you a Product ordered due to lack of availability especially during special events like Cyber Monday, Black Friday or Boxing Day, TEASE BY TORY will notify you via email and your order will be automatically cancelled with respect to such unavailable Product. Products may bear the tags and/or labels of some of our suppliers. Packages may on occasion contain marketing material from our suppliers. At this time, we are only able to sell our products to customers in Canada, USA, Mexico, Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, United Kingdom, Republic Of Ireland, Spain, Sweden, Switzerland, Australia, India, Japan, New Zealand & Russia.
SECTION 8 - TAXES
Unless otherwise stated, all prices quoted do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use goods and services, harmonized sales, and other taxes and duties associated with the Order. In certain circumstances, please note that in addition to the items and applicable delivery charges, you may also be required by your country of residence to pay import duties and taxes. Prior to ordering, please contact your local customs office to gather the appropriate information regarding the applicable duties and taxes. You are solely responsible for the payment of all import duties, customs fees and taxes. In the event that you refuse to pay these duties and taxes and the order is returned to us, we will require you to pay any costs that we have incurred as a result. In the event that you refuse to pay duties and taxes we will not offer or give any refunds, compensation or replacement items in any circumstance.
SECTION 9 - SHIPPING & DELIVERY
TEASE BY TORY will ship the Product(s) ordered by you to the address indicated in the Order Confirmation. Delivery times provided by TEASE BY TORY are estimates only. TEASE BY TORY shall not be responsible for any damages or costs resulting from any delays in delivery. During busy holiday periods such as public holidays, Christmas Day, Boxing Day, New Year’s Day etc, delivery may take longer than usual. Please allow 4 extra working days (Monday-Friday) for each of these days when calculating the estimated delivery date. Buyer agrees to pay all shipping fees unless otherwise agreed. "Free Shipping" refers to the initial shipment of your item to your address only. We must be provided with complete and accurate delivery address information, including the address that the order is going to and the name of the recipient. TEASE BY TORY will not be held liable for delivery to the wrong address and/or person as a result of you providing us inaccurate information. Buyer must be available to receive delivery of item. In the event of repeated failed delivery and the item is returned to TEASE BY TORY we shall be under no obligation to offer a refund or replacement item.
SECTION 10 - OWNERSHIP & RISK OF LOSS
All Product(s) purchased from TEASE BY TORY are delivered to you by us from our warehouse. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by TEASE BY TORY of the Product(s) to the third party delivery company.
SECTION 11 - RETURNS & EXCHANGES
TEASE BY TORY’s goal is to make sure to find the top most wanted trends and most affordable jewelry for everyone. At this time, we are unfortunately unable to provide returns & exchanges. However, in the event that the item you receive arrives damaged, defective or it is the incorrect item we will be happy to assist, terms & conditions may apply.
For more information, please contact us using the contact form on our contact page or via email at firstname.lastname@example.org
SECTION 12 - LIMITATION OF LIABILITY & EXCLUSION OF WARRANTIES
Except as expressly provided for in this Agreement, TEASE BY TORY does not make or give any representation, guarantee, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event whatsoever will TEASE BY TORY be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored date, punitive, exemplary, aggravated or economic damages, arising out of the products described by TEASE BY TORY or otherwise related to this Agreement or the transactions conducted on or from the www.teasebytory.com website, even if TEASE BY TORY or any of their lawful agents, contractors, employees or mandatories have been advised of the possibility of such damages or claim. In no case will TEASE BY TORY’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. In no event will TEASE BY TORY 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, TEASE BY TORY’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 TEASE BY TORY.
Certain federal or provincial laws, as applicable, 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, " TEASE BY TORY " shall include TEASE BY TORY’s parent, affiliates and all respective directors, officers, employees, agents, mandataries and contractors.
This section shall survive the termination or expiry of this Agreement.
SECTION 13 - GOVERNING LAW AND JURISDICTION
This website is located within the Province of Quebec, Canada. It is hosted on Shopify Inc. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
SECTION 14 - IMPORT/EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to the export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. Additionally, you are solely responsible for adhering to the importation laws of your country and jurisdiction. You will defend and hold TEASE BY TORY harmless against all claims, damages or liability resulting from breach of the foregoing.
SECTION 15 - NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the express written consent of TEASE BY TORY.
SECTION 16 - SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and permitted assigns.
SECTION 17 - SEVERABILITY
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - NO WAIVER
The failure of TEASE BY TORY to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of TEASE BY TORY to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
SECTION 19 - SECTION HEADINGS
This headings of this Agreement are for convenience of reference only and shall not in any way affect the construction or interpretation of this Agreement.
SECTION 20 - ENTIRE AGREEMENT
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and TEASE BY TORY relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, 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 TEASE BY TORY making such amendments or modifications available to it pursuant to this Agreement.