Terms and Conditions
Terms and Conditions of Sale of Products
This agreement (the “Agreement”) contains the terms and conditions that apply to your purchase(s) of products and related services from Us (collectively, the “Products”).
Any reference below to the term "You" or the "Customer" refers to the buyer of any Product sold or services provided by the Seller via this web site.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE YOU CLICK ON THE “I AGREE WITH THESE TERMS AND CONDITIONS” ICON.
IF YOU ARE PROVIDING ANY GRAPHICAL OR OTHER CONTENT TO US, YOU ARE PROMISING BELOW THAT YOU OWN OR HAVE THE RIGHT TO SUCH CONTENT, AND THE RIGHT TO SEND IT TO US AND HAVE IT REPRODUCED ON OUR PRODUCTS.
IF YOU CLICK ON THE “I AGREE” ICON, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND METHODS OF RESOLVING DISPUTES.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT AGREE” ICON. YOU WILL THEN NOT BE PERMITTED TO PURCHASE ANY PRODUCTS ONLINE AT THIS WEB SITE.
By agreeing to these terms and conditions, You represent that you are at least the age of majority in your state or province of residence.
- Price and Payment Terms. Your total price for the Products will be stated on your purchase receipt. Payment for Products must be by credit card, and full payment must be authorized by your credit card issuer before We accept any order. Orders are not binding upon Us until accepted by Us. We reserve the right to decline the offer constituted by any order, including, without limitation, in the event the price of any of our Products is a mistake. Any price quotations given by Us will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling, applicable provincial sales tax ("PST") or applicable Canadian federal goods and services tax ("GST"), which will be added to the price You pay.
- Shipping and Title. We will arrange shipping of the Products to Your address. Title to the Products passes to You upon delivery to the carrier, and risk of loss passes to You upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. We will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond our control, including, without limitation, any act of God, strike, lockout, riot, insurrection, act of terrorism, act of war, epidemic, pandemic, governmental regulations, order, or directives imposed after the fact, fire, communications line failure, power failure, earthquake, severe weather, flood, or other natural disaster.
- Inspection of Products Upon Receipt. You must examine the Products when you receive them. If any item is damaged or missing, You must notify Us at once. We will not consider any claim for damaged or missing items more than 30 calendar days from the date of delivery.
- Products. We may revise and discontinue Products at any time. If You order a Product which is discontinued or no longer available, We will notify You of the same. Please note that there may be some slight colour variations from the Product viewed on your monitor from that delivered and we cannot guarantee that your monitor's display of any colour will be accurate.
- Disclaimer. We use reasonable efforts to include accurate and up-to-date information on our web site. From time to time, there may be information on our web site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. In the event We make a change to your order, We will notify You by the e-mail address and/or telephone number provided at the time the order was received. Accordingly, any information on the Seller web site is provided “as is”. We assume no responsibility for any errors or omissions in the content of our web site. Any sale of the Company’s Products through its web site expressly excludes the UN Convention on Contracts for the International Sale of Goods.
- License of Content. To the extent You email, upload, transmit, deliver, enable access to, or otherwise provide Us with any Content to be used and reproduced on or in relation to any order of Products, You hereby grant to Us a non-exclusive, worldwide, royalty-free, fully-paid, transferable license to use, make, produce, modify, host, cache, reproduce, record, display, perform, transmit, upload, transfer, store, download, and distribute any such Content as may be reasonably necessary or appropriate for Us to perform our obligations to You under any accepted order of Products.
As used in this Agreement, “Content” means any data, packets, information, communication, or other material that is submitted, transmitted, copied, uploaded, transferred, delivered, recorded, or otherwise made available by You to Us, including any documents, designs, icons, illustrations, images, logos, photographs, text, trademarks, and any other written or electronic expressions or works.
- Representations by You regarding Content sent to Us. You represent, warrant, covenant, and agree as follows:
b. You have all necessary right, power, and authority to enter into this Agreement including having (i) a valid license to use the software applications, third party or otherwise, that generate Content, and (ii) the unrestricted right to transmit, enable access to, deliver, or send and use the Content. Unless You have all requisite rights to submit Content to Us and other information (whether belonging to You, or any third party), You are not permitted to transmit such Content to Us;
c. You are and will be the owner, authorized licensee, and/or authorized user of all Content submitted to Us;
d. You will not transmit, enable access to, deliver, or send any Content to Us that: (i) infringes, or may reasonably be expected to infringe, any copyright, patent, industrial design, trademark, service mark, trade name, trade secret, or other intellectual property or proprietary right of any Person or any rights of publicity or privacy of any Person; (ii) violates any applicable law, statute, ordinance, or regulation; (iii) promotes, solicits, comprises, or contains inappropriate, objectionable, or unlawful material, including material which is hateful, or threatening, incites violence, or contains graphic or gratuitous violence; (iv) contains cancelbots, corrupted files, time bombs, Trojan horses, viruses, worms or any other similar data, programs, or software that may damage, expropriate, intercept, or interfere with any data, information, property, network, or system of another Person or that may damage or interfere with the normal functioning of the Company’s web site; (v) advocates, assists, incites, instructs, promotes, or otherwise encourages violence or any illegal activity; (vi) contains information for which You do not have the right to permit Us to collect, store, or process; and
e. You are authorized, and have all of the rights, to grant all licenses and other rights granted by You to Us pursuant to this Agreement.
- Your Indemnification to Us. You agree to indemnify, defend, and hold harmless the Company and its officers, employees, agents, representatives, successors, and assigns, (collectively, the “Indemnified Parties”), from and against any and any Claims and Costs, whether direct, incidental, indirect, consequential, or special in nature, including reasonable legal fees, costs of expert witnesses, liabilities, obligations, damages, costs, and other expenses (collectively, “Costs”) incurred in the investigation and defense of any claim, demand, proceeding, suit, or action (collectively, “Claims”) to which any Indemnified Party may become subject resulting from or arising out of or in connection with any Content you provide to Us or any breach of any representations, warranties, covenants, and/or terms provided by You under Sections 6 and/or 7 above or otherwise in relation to this Agreement.
Without limiting the foregoing, the indemnification provisions set forth above in this Section 8 include any and all Claims and Costs arising out of or related to any actual or alleged infringement or violation by You of any copyright, trademark, patent, industrial design, trade secret, confidential information, or other intellectual property, proprietary, privacy, or other right of any Person.
- Order Limitations. We reserve the right, in our sole and absolute discretion, to reject any order You place, and/or to limit quantities on any order, without giving any reason. If We reject Your order, We will notify You using the e-mail address or by the telephone number You provided when You placed the order.
If We initially accept Your order and afterwards, before accepting Your payment or shipping the order, decide in our sole and absolute discretion, to limit or cancel quantities purchased per person, per household, or per order, We will notify You accordingly and, as may be applicable, refund in full or in part, any payment You may have advanced or authorized Us (or our payment processing representative or agent) to process without any penalties or deductions.
- Purchases by Dealers. We reserve the right, in our sole and absolute discretion, to limit or elect not to accept orders from dealers.
- Special Offers. Any special offers available on the Seller’s web site are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, You may use only one special offer in connection with any transaction. Special offers do not have any cash value independent of the transaction contemplated by such offer. Special offers are void where prohibited by the laws of any jurisdiction other than Canada.
- Limited Warranty. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE SELLER MAKES NO EXPRESS WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR ORAL, EXCEPT THOSE STATED IN THIS SECTION 12 AND THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, NOT STATED IN THIS LIMITED WARRANTY.
ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND THE SELLER WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTIES, ONLY UPON THE SELLER’S RECEIPT OF PAYMENT IN FULL FOR THE PRODUCTS TO BE WARRANTED.
THE SELLER DISCLAIMS ALL OTHER CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND DURABILITY. THE SELLER RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION. SOME JURISDICTIONS LIMIT OR DISALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO CERTAIN PORTIONS OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THE SELLER WARRANTS THAT (a) IT HAS THE RIGHT TO SELL THE PRODUCTS, (b) YOU WILL ENJOY QUIET POSSESSION OF THE PRODUCTS AFTER PURCHASE, AND (c) THE PRODUCTS ARE FREE AND CLEAR OF ANY ENCUMBRANCES.
THE LIMITED WARRANTY TERMS CONTAINED HEREIN, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF PRODUCTS TO YOU. IF ANY TERM IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THE LEGALITY OR ENFORCEABILITY OF THE REMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.
- Limitation of Liability. THE SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. THE SELLER WILL NOT BE LIABLE FOR LOSS OF ENJOYMENT, LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
YOU AGREE THAT FOR ANY LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY, RELATED TO THE PURCHASE OF PRODUCTS, THE SELLER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THE APPLICABLE ORDER ACCEPTED UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Satisfaction Guaranteed and Return Policies. If We have sent You a proof of any Product order you submitted to Us and You approve the proof, then unless We have made an error with respect to fulfilling that accepted order, there will be no refunds for such pre-approved Products.
If You bought any other Product which is not pre-approved directly from Us and You are not completely satisfied with your purchase, You may return the same to the Seller up to 30 calendar days from the date of the delivery for a complete refund of the purchase price, less our shipping and handling charges. To return Products, You must email us at email@example.com to receive a Return Authorization Number in accordance with our Return Policy (http://www.6oh4clothing.com/pages/return-policy). Returned Products must be in “as-new” condition, unworn, unaltered, and undamaged. We will refuse any returned Product shipped C.O.D.
- Legal Equivalency. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Severability. If any provision of this Agreement, including the breadth or scope of such provision, will be held by any court of competent jurisdiction or other authority having jurisdiction in the matter to be invalid, illegal or unenforceable, in whole or in part, such invalidity, illegality, or unenforceability will not affect the validity, legality, or enforceability of the remaining provisions of this Agreement and such remaining provisions will remain enforceable and binding.
- Waiver. The failure by the Company to insist on strict compliance with any term of this Agreement will not be deemed to be a waiver of such term, and a waiver of any term of this Agreement at any one time or times will not be deemed to be a waiver for any other time.
- Enurement. This Agreement and the rights and duties herein will be binding on and enure to the benefit of the parties hereto and their successors and assigns.
- Entire Agreement. This Agreement constitutes the complete and exclusive statement of all of the terms, conditions, representations, and warranties between You and the Seller with respect to the sale of Products offered by the Seller and supersedes all other oral and written communications between the parties or otherwise relating to the subject matter of this Agreement. This Agreement will not be and is incapable of being amended or varied, orally or in writing, unless any such amendment or variation is in writing and signed by an authorized representative of the Seller and expressly referring to this Agreement and the particular order in question.
- Construction. In this Agreement, except as otherwise expressly provided or as the context otherwise requires:
(a) the words “include” or “including” when following any general term of statement are not to be interpreted as limiting the general term or statement to the specific items or matters set forth or to similar terms or matters but rather as permitting it to refer to all other items or matters that could reasonably fall within its broadest possible scope;
(b) the words “herein”, “hereof”, “hereby”, and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section, Subsection, Paragraph, Subparagraph, or other subdivision or Schedule;
(c) a capitalized cognate of a defined term has a meaning corresponding to that of the defined term;
(d) the word “any” means “any and all”; and
(e) the word “Person” includes any individual, person, partnership, corporation, and legal entity.
- 21. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia and Canada as if made and performed by and between parties situate in such province and without regard to any conflict of laws doctrine.
- 22. Mediation. Any dispute, controversy, or Claim arising out of or in connection with or in relation to this Agreement or the breach thereof, including any question regarding its existence, validity, performance, or termination and any tort or other common law or statutory claim arising out of or relating to its negotiation, execution, or performance (collectively, the “Dispute”), will be first subject to non-binding mediation in an effort to resolve any such Dispute by participating in a structured negotiation conference with a mediator under the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre. The mediation will be held in Vancouver, British Columbia, Canada. You and the Seller agree to use best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible. All aspects of the mediation will be treated as confidential. The costs of the mediator will be shared equally between You and the Seller. The mediation may, at the option of either party, occur by videoconference transmission. The party electing to participate in the mediation by videoconference will be responsible for paying the costs of one mediator who must attend and participate in the mediation at the videoconference facility selected by the party engaging such person.
- Appointment of Mediator. Any mediator will be appointed, pursuant to Section 22 above, by agreement between You and the Company or, in default of agreement, such mediator will be appointed solely by and in the absolute discretion of the Company.
- Court. If You and the Company are unable to resolve any Dispute by the mediation procedures contemplated under Section 22 above within 15 days of the appointment of a mediator, or such longer period of time which the You and the Company may both agree to, all Disputes will be referred to and finally resolved by the courts situate in Vancouver, British Columbia, Canada with the losing party responsible for all costs and expenses, including without limitation, court costs, and reasonable legal and experts fees and expenses. You waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which You are resident to have a case or hearing relating to this Agreement adjudicated or resolved in it that jurisdiction.
- Dispute Resolution. You and the Seller agree that, unless otherwise required in order to comply with deadlines under the law, neither party will not file any action or institute legal proceedings with respect to any Dispute until:
(a) notice has been given to the other party of its grievance;
(b) the other party has failed to provide a prompt and effective remedy;
(c) the party with the grievance has requested that both parties meet and discuss the matter in order to consider informal and amicable means of resolution; and
(d) either such meeting as contemplated by Paragraph 25(c) above failed to occur within 30 days after such request or the meeting did not produce a mutually satisfactory resolution of the matter.
- Court Jurisdiction. Despite any provision to the contrary in Section 22 above, any Dispute arising out of or in connection with or in relation to this Agreement involving the provisions of Section 16 [severability] will be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada situate in Vancouver.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and will not be used in interpreting this Agreement.