Termos de serviço

Terms and Conditions of Use

Agreement

These terms and conditions of use (the “Agreement”) govern your access to and your use of the website www.mindmadeshop.com (the “Website”). The Website is owned and operated by Mindmade (“Mindmade”, “we”, “us”, or  “our”).

Please read the Agreement carefully before using the Website. By accessing, using or browsing the Website you agree to be legally bound by and to comply with the terms and conditions of the Agreement. If you do not agree with the terms and conditions of the Agreement in their entirety, you shall not use the Website and shall exit the Website. We reserve the right to change any of the terms and conditions of the Agreement at our sole discretion without prior notice at any time.

Other Agreements

If you purchase products that are for sale on the online store of the Website (the “Products”), you hereby confirm to have read and understood the terms and conditions of sale that are detailed below (the “Terms and Conditions of Sale”) and which are incorporated hereby by reference. You agree to be bound by and to comply with the Terms and Conditions of Sale.

Your use of the Website and purchase of Products from the online store of the Website is also governed by the provisions of our privacy policy, which outlines our online privacy principles (the “Privacy Policy”). You hereby confirm to have read and understood the provisions of our Privacy Policy, which are incorporated hereby by reference. You agree to be bound by and to comply with the provisions of the Privacy Policy.

The terms “you” and “your” refer to the user of the Website and the purchaser of Products from the online store of the Website. You represent that you are at least 18 years old.

Entire Agreement

The Agreement, the Terms and Conditions of Sale, and the Privacy Policy constitute the entire agreement between you and us relating to your use of the Website and purchase of Products from the online store of the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and us regarding your use of the Website and your purchase of Products from the Website.

Website Content

The content of the Website, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is referred to in the Agreement as "Content". The Website and all Content is our property and is protected by Canadian and international copyright laws, and all rights to the Website and such Content are expressly reserved. Any trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

We grant you a limited, revocable, non-exclusive, non-sub-licensable license to access the Website and to view, copy and print the portions of the Content available to you on the Website.

 Except as expressly permitted above, any use of any portion of the Content without the prior written permission of us is strictly prohibited and will terminate the license granted in the Agreement.

You represent and warrant that your use of the Website and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

We strive towards minimizing errors on the Website and accurately describing the Products for sale on the Website. However, we do not warrant the accuracy of the Website content and Products descriptions and errors or inaccuracies can occur.   

We reserve the right to modify and discontinue the Website or its content without prior notice to you and at any time.

While we attempt to make your access to and use of the Website safe, we do not represent or warrant that the Website or any content are free of viruses or other harmful components.

The Website may contain links to third-party Websites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk and the Agreement and the Terms and Conditions of Sale no longer apply when you leave the Website. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. Prior to linking any website to our Website, you must obtain written consent from us.

Obligations and Liability

The Agreement outlines our obligations and any liabilities we may have with regards to your use of the Website. To the extent permitted by Federal and Provincial laws, there are no additional warranties, conditions or other terms that are applicable to us, expect for the ones provided in the Agreement.

In no event shall we be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit and personal injury) consequential, incidental damages or other liabilities, resulting from your use of our Website or your inability to make use of the Website, whether or not we have been advised as to the possibility of such damages.

This section of the Agreement shall survive the termination or expiry of the Agreement.

Indemnification

You shall defend, indemnify and hold us harmless from any loss, damages, liabilities, costs, expenses, claims and proceedings, including reasonable legal fees, arising from or relating to your use of our Website and/or your breach of the Agreement.

This section of the Agreement shall survive the termination or expiry of the Agreement.

Governing Laws and Jurisdiction

The Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

You explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or related to the Agreement must be brought in the courts of the Province of Ontario located in Toronto, Ontario and you hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario for all such purposes.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

Agreement Headings

The headings of the Agreement shall not affect the construction and interpretation of the Agreement as they are only inserted for ease of reference.

Assignment

You shall not assign your rights or obligations under the Agreement without the prior written consent of us.

Severability

If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable, such provision shall nonetheless be enforced to the maximum extent permitted by applicable law. Such determination shall not affect the validity and enforceability of any other remaining provisions of the Agreement.

No Waiver

The failure of us to enforce any provision of the Agreement or to respond to a breach by you or others of the Agreement does not constitute a waiver and shall not limit our rights under the Agreement with regards to such breach or subsequent breaches.

 

Terms and Conditions of Sale

Agreement

These Terms and Conditions of Sale govern your purchase of Products from the Website. By purchasing Products from the Website, you agree to be bound by and to comply with the Terms and Conditions of Sale. You must be at least 18 years of age to purchase Products from the online store of the Website. We reserve the right to change the Terms and Conditions of Sale at our sole discretion without prior notice at any time.

Other Agreements

If you use the Website or purchase Products from the online store of the Website, you hereby confirm that you have read and understood the Agreement, as outlined above, and which is incorporated hereby by reference, and these Terms and Conditions of Sale. You agree to be bound by and to comply with the Agreement. If you do not agree with the Agreement, do not complete orders for Products from the online store of the Website.

Your use of the Website and purchase of Products from the online store of the Website is also governed by the provisions of our Privacy Policy. You hereby confirm to have read and understood the provisions of our Privacy Policy, which are incorporated hereby by reference. You agree to be bound by and to comply with the provisions of the Privacy Policy.

Electronic Communication

When you purchase Products from the online store of the Website, we provide you with order confirmations and other communication via e-mail, over the Internet, and also through printed documents. You hereby agree to the exchange of e-mails and other information and documents between you and us over the Internet, via e-mail, and in printed form.

Products Fit For Purpose

When selecting Products from the Website, please ensure that the Products are suitable for the intended use by using the Product description information on the Website. We are not responsible for ensuring the suitability of our Products with your intended use. None of our Products are intended to diagnose, treat, cure or prevent any disease. The responsibility for the results is solely with the wearer and user of the Products

In no event shall we be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit and personal injury), consequential, incidental damages or other liabilities, resulting from your use of our Products.

Ordering

The submission of your order for Products from the Website shall constitute an offer from you to buy the Products listed in your order under the Terms and Conditions of Sale. We reserve the right to cancel any order prior to shipping, including after the order was accepted by us and your payment for the order was processed. If we cancel your order, we will send you a cancellation e-mail and provide you with a full refund of your payment.

Once your order is received and we accept your order, we will send you an order confirmation via e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received an order confirmation e-mail from us.

Product Price

We reserve the right to change the pricing of the Products on the Website at any time without prior notice.

We reserve the right to cancel your order of Products that are listed on our Website at incorrect prices, including after the order was accepted by us and your payment for the order was processed. If we cancel your order, we will send you an cancellation e-mail and provide you with a full refund of your payment.

We reserve the right to change the prices of the Products listed on the Website at any time without prior notice.

All prices quoted for our Products on the Website are in Canadian Dollars.

Product Availability

The availability of our Products as shown on the Website may be limited. We will notify you via e-mail of the unavailability of one or more of the Products that you ordered, and the order of the unavailable Products will be automatically cancelled.

We reserve the right to stop making available our Products at any time, without prior notice, prior to or post accepting your order.

Product Description Accuracy

We do not warrant the accuracy of our Product descriptions and errors or inaccuracies can occur. We reserve the right to change Product descriptions at any time without prior notice, including Product availability and Product prices. If an error or inaccuracy affects a Product description or your order, we reserve the right to amend or cancel your order and refund you the amount charged. Cancelling your order and obtaining a refund is your only remedy in case of such error or inaccuracy.

Shipping

We will ship the Products to you using the shipping method that you have selected when purchasing Products from the Website. We will ship the Products to the shipping address that you have provided in your order confirmation. Please note that we only ship our Products within Canada.

Our Website may provide delivery times. These times are estimates only and apply from the time the order has been shipped. We shall not be responsible for any costs or damages that result from delays in delivering the Products that you order to you.

If the delivery service tried to deliver the Products that you ordered to the shipping address that you have provided in your order confirmation but is unable to complete the delivery of the Products, the delivery service will return the items that you order to us. Once we receive the returned Products, we will cancel your order and refund you the order amount less shipping costs and any other reasonable incurred additional costs.

If you provided us with an incorrect delivery address and the delivery service is unable to complete delivery of your ordered Products, the ordered Products will be returned to us. Once we receive the returned Products, we will cancel your order and refund you the order amount less shipping costs and any other reasonable incurred additional costs.

Return of Products

We accept the return of Products that you ordered from the Website as long as the Products are unworn, unwashed, not damaged with the original tag, subject to our return instructions as provided to you for the return of the order. We do not accept the return of Products that do not meet the above conditions and we may reject your return and decline to provide a refund to you or withhold part of your refund to cover reasonable costs incurred by us.

You may return the Products that you ordered from our Website for a full refund within 30 days of the date we shipped your order, using the original purchase receipt with the package that contains the Products that you have purchased from the Website and you are returning to us postmarked within 30 days of the date your ordered Products were shipped by us.

Upon receipt of the returned Products, and subject to these Terms and Conditions of Sale, we will issue a refund to you. Please allow for at least 7 business days to process the refund once we receive your package.

Obligations and Liability

The Terms and Conditions of Sale outline our obligations and any liabilities we may have with regards to the Products that are for sale on the Website. To the extent permitted by Federal and Provincial laws, there are no additional warranties, conditions or other terms that are applicable to us, expect for the ones provided in the Terms and Conditions of Sale.

In no event shall we be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit and personal injury) consequential, incidental damages or other liabilities, resulting from your use of our Products or your inability to make use of our Products, whether or not we have been advised as to the possibility of such damages.

This section of the Terms and Conditions of Sale shall survive the termination or expiry of the Terms and Conditions of Sale agreement.

Governing Laws and Jurisdiction

The Terms and Conditions of Sale agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

You explicitly agree that all disputes, claims or other matters arising from, or relating to the Terms and Conditions of Sale agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or related to the Terms and Conditions of Sale agreement must be brought in the courts of the Province of Ontario located in Toronto, Ontario and you hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario for all such purposes.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

Agreement Headings

The headings of the Terms and Conditions of Sale agreement shall not affect the construction and interpretation of the Terms and Conditions of Sale agreement as they are only inserted for ease of reference.

Assignment

You shall not assign your rights or obligations under the Terms and Conditions of Sale agreement without the prior written consent of us.

Severability

If any provision of the Terms and Conditions of Sale agreement is deemed unlawful, void or for any reason unenforceable, such provision shall nonetheless be enforced to the maximum extent permitted by applicable law. Such determination shall not affect the validity and enforceability of any other remaining provisions of the Terms and Conditions of Sale agreement.

No Waiver

The failure of us to enforce any provision of the Terms and Conditions of Sale agreement or to respond to a breach by you of the Terms and Conditions of Sale agreement does not constitute a waiver and shall not limit our rights under the Terms and Conditions of Sale agreement with regards to such breach or subsequent breaches.