These Ecommerce Terms and Conditions of Sale ("Ecommerce Terms") apply to the purchase and sale of products and services through https://www.sculptswim.com (this "Website"). These Ecommerce Terms are subject to change by Sculpt Lifestyle Inc. ("us", "we" or "our") without prior written notice at any time, in our sole discretion. Any changes to these Ecommerce Terms will be in effect as of the "Last Updated Date" referred to on the Website.
You should review these Ecommerce Terms before purchasing any product or services that are available through the Website. Your continued use of the Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Ecommerce Terms, 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 or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms.
- a) All prices, discounts and promotions posted on this Website are subject to change without notice. The price charged for a product or service 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 taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. 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.
- b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PayPal, MasterCard, and Visa for all purchases. You represent and warrant that (i) the credit card or PayPal information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by you will be honoured by your credit card company or PayPal, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes regardless of the amount quoted on the Website at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
- a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
- b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, losses or damages in shipments.
- Returns and Refunds. Except for any products designated on the Website as non-returnable, we will accept a return of the products for store credit equal to your purchase price, less any shipping and handling costs we incurred, provided such return is made within 30 calendar days of delivery with valid proof of purchase and provided such products are returned in their original condition, unused, unwashed and sealed in their original packaging. To return products, you must email firstname.lastname@example.org to obtain a Return Merchandise Authorization ("RMA") before shipping your product.
No returns will be accepted for sale items and intimate-wear.
You are responsible for all shipping and handling charges, customs, duties, taxes and any other charges on returned items. You bear the risk of loss during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
- a) WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING (I) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USEFULNESS, QUALITY OR TIMELINESS AND (II) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- b) WITH RESPECT TO ANY DEFECTIVE PRODUCTS, WE SHALL, IN OUR SOLE DISCRETION, EITHER: (I) REPAIR OR REPLACE SUCH PRODUCTS OR THE DEFECTIVE PART OR (II) CREDIT TO YOU STORE CREDIT IN THE AMOUNT PAID BY YOU FOR SUCH PRODUCTS, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US, PROVIDED THAT (I) YOU SHALL, AT YOUR EXPENSE, RETURN SUCH PRODUCTS TO US; (II) WE VERIFY YOUR CLAIM THAT THE PRODUCTS ARE DEFECTIVE; AND (III) FOR PRODUCTS THAT WE DECIDE TO REPAIR OR REPLACE, YOU PAY FOR ALL SHIPPING AND HANDLING CHARGES, FEES, CUSTOMS, DUTIES, TAXES AND ANY OTHER CHARGES ASSOCIATED WITH SHIPPING THE REPAIRED OR REPLACED ITEMS BACK TO YOU.
- c) THE REMEDIES SET FORTH IN SECTION 6(b) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY.
LIMITATION OF LIABILITY.
- a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE AND (B) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY.
- b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own use only, and not for resale or export.
- Force Majeure. We will not be liable to you for any failure or delay in our performance under these Ecommerce Terms to the extent such failure or delay results from circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities, terrorist threats, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
- Governing Law and Jurisdiction. The Website and these Ecommerce Terms will be governed by the laws of Ontario and the federal laws of Canada that apply in Ontario. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in the City of Toronto in any action or proceeding.
- Assignment. You will not assign any of your rights or obligations under these Ecommerce Terms without our prior written consent. Any purported assignment in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Ecommerce Terms.
- No Waivers. No waiver under these Ecommerce Terms is effective unless it is in writing and signed by us and the waiver will be limited to the specific breach waived. No failure or delay in exercising any right, remedy, power or privilege arising from these Ecommerce Terms may be construed as a waiver of such.
- No Third-Party Beneficiaries. These Ecommerce Terms do not confer any rights or remedies upon any person or entity other than you.
- To You: We may provide any notice to you under these Ecommerce Terms by: (i) sending a message to the email address you provide or (ii) posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us: To give us notice under these Ecommerce Terms, you must contact us by email at email@example.com. Notices sent by email will be effective three (3) business days after they are sent.
- Severability. If any provision in these Ecommerce Terms is found to be void or unenforceable, this will not affect the validity and enforceability of the remainder of these Ecommerce Terms.