SALES TERMS AND CONDITIONS
Last revised: October 6, 2020
Thank you for visiting and making a purchase on truecurateddesigns.com (the "Website"), provided by True Curated Designs Inc. (the “Company”, “we” “us”, “its”, and similar expressions).
These sales terms and conditions (the “Terms and Conditions”) apply to all online sales through the Website and all purchases of products (“Products”) made through the Website.
The Terms and Conditions contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read them carefully.
HOW THESE TERMS AND CONDITIONS APPLY
- Acceptance of the Terms and Conditions
By using the Website or purchasing Products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures, and other communications that the Company provides electronically to you satisfy the legal requirement that such agreements, notices, disclosures, and other such communications be in writing.
- Other Conditions Apply
- Applicable Laws of Canada and the Jurisdiction where you Reside apply to your Purchase
Sales of Products through this Website may only be completed by persons residing in jurisdictions where access to or use of this Website, or any part of it, and purchase of Products are not illegal or prohibited. It is your sole responsibility to determine whether your use of the Website and purchase of Products are lawful where you reside. Anyone accessing the Website and purchasing the Products must comply with all relevant laws of Canada and any jurisdiction in which they reside applicable to the Website and transactions regarding the Products available through it.
By placing an order for Products from this Website, you affirm that you are of legal age to enter into an agreement for purchase and sale of the Products with us, and you accept and are bound by these Terms and Conditions. If you place an order on behalf of an organization or company, you affirm that you have the legal authority to bind any such organization or company to these Terms and Conditions.
You may not order or obtain Products from this Website if you: (i) do not agree to these Terms and Conditions; (ii) are not the older of at least 18 years of age or the legal age to form a binding contract with the Company where you reside; or (iii) are prohibited from accessing or using this Website or any of this Website’s contents, Products, or services by applicable law.
PURCHASING AND ORDERING FROM US
- When a Purchase Becomes Binding
You agree that your order is an offer to buy, under these Terms and Conditions, all Products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. Even after we send you a confirmation email with your order number and details of the items you have ordered, we may cancel the order for any of the reasons outlined in these Terms and Conditions or as required by applicable law, including if we suspect or determine that the order is a fraudulent transaction.
We only sell Products to customers that have used an approved method of payment, which we, in our sole discretion, may change from time to time. The method of payment (for example, a credit card) must be issued to the actual buyer of our Products. By purchasing a Product using the Website, you represent to us that you are authorized to make the purchase using the payment information you provide.
Any orders placed on the Website are a binding offer by you to conclude a purchase with us. The binding purchase agreement comes into existence only when we accept your order on the Website by written communication, by email, or by shipping the Products ordered.
You represent and warrant that you are buying Products for your own use only and not for resale or export.
- Prices and Payment Terms
All prices and other references to currency on the Website are shown in Canadian dollars.
All prices, discounts and promotions posted on this Website are subject to change without notice. The price charged for a Product will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include charges for shipping and handling. All such charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.
The prices on the Website are exclusive of all applicable taxes, customs, duties, and levies. When we are required by law to collect applicable taxes regarding your order, you authorize us to charge the applicable taxes to your selected payment method. Such taxes may be imposed by the laws applicable to the jurisdiction in which we operate, the location in which you reside, or in some circumstances, the laws of other places. All such taxes and other amounts will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.
You may be subject to taxation laws or regulations that impose a duty on you to report your purchase and, if applicable, pay taxes, customs, duties, or levies on your own. You acknowledge and agree that you are responsible for compliance with any such requirements, regardless of whether we have or have not charged you for these amounts when you complete your order.
We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the approved credit cards and other methods of payment stated on the Website from time to time or in the checkout process, which we may change in our sole discretion, for all purchases. You represent and warrant that: (i) the credit card or other payment method information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honoured by your credit card company or selected payment method, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. If the charge is not authorized or accepted, we reserve the right to cancel your order without notice or liability. You may not make any set-off against the Company or its affiliates and subsidiaries for its claim for payment unless otherwise agreed to in writing by us.
We reserve a purchase money security interest in the Products until we receive full payment amount due regarding those Products.
Your bank may charge additional costs and transaction fees for payments, transfers, electronic deposits, or other transactions related to your purchase of Products. You are responsible for any such bank fees regarding your order and payment for Products.
- Product Images
We have attempted to accurately depict the colours and details of the Products offered on the Website. However, because the colour and details you see are dependent on your computer monitor, we cannot guarantee that what you see will be accurate. The Products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
- Product Availability
We reserve the right to (i) limit the number of Products (or the number of a particular SKU or other unique identifier) that may be sold to a customer, including on the basis of jurisdiction, (ii) impose conditions on the honouring of any coupon, discount, or promotional code or offering, or (iii) to refuse to provide a Product or service.
Without limiting the generality of the foregoing, we reserve the right to reject orders from customers if there is reasonable belief that the customer is in violation of these Terms and Conditions, or if the customer is engaging in fraudulent or other criminal activities.
- Order Processing Times
Once we accept your order for a Product, we will attempt to promptly fill the order, subject to available inventories. We usually fulfill an order within one to four business days. Should an item not be available, the order will be cancelled and any charges to your payment method will be promptly reversed.
- Special Orders
We may accept an order for Products customized based on the instructions you give us, such as when you ask for a specific size, design, engraving, metal type, diamond weight, or other specification that you request (a “Special Order”). We reserve the right to accept or decline a Special Order in our discretion.
A pre-payment may be required for Special Orders. We will inform you of the amount of the pre-payment at the time you place your Special Order. Special Orders will be processed upon receipt of the required pre-payment into our bank account. If the pre-payment amount is not transferred to our bank account within the time specified when we confirm your Special Order, we have the right to cancel your order without penalty or liability. Title to and property in the Products of a Special Order will not pass to you until the purchase price for the Special Order is paid in full.
All sales of Special Orders are final.
SHIPPING AND RETURNS
- Shipping Policy and Risk of Loss
We ship worldwide and to all international destinations indicated in the checkout process when you place an order for a Product. We will arrange for shipment of ordered Products to you, Free On Board (F.O.B.) shipping point, meaning risk of loss passes to you upon delivery of your ordered Products to the carrier. Subject to the intellectual property rights we reserve in these Terms and Conditions, you take title to the Products once we receive full payment for your order and deliver them to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns of Products
Except for Special Orders or Products designated on the Website as non-returnable, Products may be returned within 30 business days after the date of their receipt by you for a credit toward future purchases of Products, subject to the terms outlined below.
To return Products, you must call 604-364-5582 or email our returns department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA”) confirmation before shipping your Product. No returns of any type will be accepted without an RMA confirmation.
Returned Products must be in their original condition, accompanied with all applicable paperwork included with the delivery of the Product (such as, if applicable, certificates of authenticity), and mailed back to the Company with a reputable overnight shipping company with tracking information included.
You are responsible for the shipping costs and arrangements for the Products you are returning to us. You must take reasonable care that the Products are not damaged during their return. The risk of loss or damage to the Products remains with you until the Products are received at our facilities, which will be detailed in your RMA.
If you decide to return only part of an order that has been purchased with a discount or offer applied, the amount refunded for credit will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded for credit. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount. For example, a 10% discount (with a minimum purchase amount of $100) will be removed if the returned Product(s) brings the total order value below $100.
For bundle-promotional sets, where you enjoy a promotion or discount as a result of purchasing one or more Products (e.g. buy 3 items and get 10% off each item or where savings for each Product are stated), you can return any of the Products purchased separately. However, if you choose to return any Products purchased as a bundled set, we will adjust the promotional price by charging you the regular price for the remaining items that you purchased as part of the bundle and deduct that amount from the total to be refunded to you for credit.
A 15% restocking fee will be applied to all Product returns.
Shipping costs related to your original purchase of returned Products will not be refunded for credit, cash, or any other form of refund.
WARRANTIES, DISCLAIMERS, AND INDEMNITY
The Company warrants, for a period of one year, beginning on the date of your receipt of the Products, that the Products are free from defects in materials and workmanship. Wear and tear from normal use of the Product is expressly excluded from our warranty. This warranty is extended only to you, as the purchaser of the Products, and not to any subsequent owner of the Products. We will refund, exchange, or repair your Product at our discretion.
THE FOREGOING REPRESENTS THE COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE ABOVE WARRANTY. THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To claim under this warranty, you must return defective Products to the shipping address specified in these Terms and Conditions and include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the Products, and the nature of the defect. The Company will refund the full cost of your order once the item(s) have been received at our facilities. You are responsible for the costs of and arrangements for the shipment of the Products to be sent back to us. The risk of loss or damage to the Products remains with you until the Products are received at our facilities.
- Limitations of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES AND SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR IN ANY OTHER WAY RELATED TO THE PRODUCTS, EVEN IF THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these Terms and Conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions or the Products offered on this Website, even if the Company is aware of or has been advised of the possibility of such loss or damage.
You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against the Company and its affiliates, subsidiaries, and related parties.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Indemnified Party, relating to any claim of a third party or the Company arising out of or occurring in connection with your breach of these Terms and Conditions, including any claims arising out of your negligence or wilful misconduct regarding your purchase of Products.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms and Conditions.
Any dispute or claim (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Term and Conditions and your purchase of Products and your relationship with us or any of our subsidiary, parent, or affiliate companies will be resolved by binding arbitration.
For all disputes, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. Each of us agrees to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted and finally resolved in accordance with the rules of the Canadian Arbitration Association ("CAA"), including the CAA's Arbitration Rules (as applicable), as modified by these Terms and Conditions. Any arbitration will be held in a reasonably convenient location in British Columbia or at another mutually agreed location. The arbitration will be conducted in the English language unless otherwise mutually agreed by us in writing or otherwise required by law. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, to the extent required to satisfy your individual claim, and must follow and enforce these Terms and Conditions as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
Unless otherwise prohibited by law, you agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
INTELLECTUAL PROPERTY RIGHTS
While, subject to the conditions we have stated in these Terms and Conditions, you own and may use your Products, we reserve and own all Intellectual Property Rights related to Products. “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (i) patents; (ii) trade-marks; (iii) internet domain names, whether or not trade-marks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (iv) works of authorship, expressions, designs, and industrial design registrations, whether or not copyrightable, including copyrights and copyrightable works, data, data files, and databases, and other specifications and documentation; (v) trade secrets; and (vi) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.
- Governing Law and Jurisdiction
These Term and Conditions and your purchase of Products are governed by the laws of British Columbia and the federal laws of Canada applicable therein, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, you irrevocably consent to the exclusive jurisdiction of the courts in Alberta, Canada for purposes of any legal action arising out of or related to the use of the Website or these Terms and Conditions.
By using the English version of the Website, the parties acknowledge and agree that they have required that these Terms and Conditions be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.
- Modifications and Waivers
We reserve the right to make changes to these Terms and Conditions at any time by updating this posting. By using the Website or purchasing Products, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
You may not modify, supplement, delete, or amend these Terms and Conditions in any manner without the express written agreement of the Company.
No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms and Conditions will enure to the benefit of and be binding upon the Company and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives and, if you are purchasing Products on behalf of a corporation or other legal entity, that entity and its successors and assigns. You may not assign the Terms and Conditions or any of your rights or obligations hereunder without our prior written consent, which may be unreasonably withheld. The Company may assign these Terms and Conditions or any of its rights or obligations hereunder.
- Excusable Non-performance
If the performance of any of these Terms and Conditions or any obligation hereunder by the Company is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or non-performance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; or (vii) any other cause beyond its reasonable control, then the Company shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
- Entire Agreement
These Terms and Conditions, the additional policies and conditions incorporated herein by reference, and the invoice regarding the Products ordered, are the complete and exclusive agreement between us and you, and they supersede all prior or contemporaneous proposals, understandings, representations, conditions, warranties, and all other communications between us and you relating to the subject matter of the Terms and Conditions, whether oral or written.