Terms and Conditions – Website

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.


Definitions

“Sculptz” means Enchantress Hosiery Corporation of Canada Ltd, a company (trading as Sculptz^®) registered in Ontario, Canada.

“Site” means www.Sculptz.ca or any other website under Sculptz ownership or control from which a link has been created to these terms and conditions;

“You”, “your” and “yours” means the person(s) accessing the Site; and

“We”, “us” and “our” means Sculptz.

 

Ownership
www.sculptz.ca (the "Site") is owned and operated by Enchantress Hosiery Corporation of Canada Ltd, trading as Sculptz^®.  

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work and is the property of Sculptz. The collective work includes works that are licensed to Sculptz. Copyright 2009 www.Sculptz.ca ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sculptz or purchasing Sculptz products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sculptz or to purchase Sculptz products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sculptz. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Sculptz used in the site are trademarks or registered trademarks of Sculptz.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sculptz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sculptz does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sculptz does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability
Sculptz shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sculptz has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Sculptz product is mistakenly listed at an incorrect price, Sculptz reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sculptz reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sculptz shall issue a credit to your credit card account in the amount of the incorrect price.

Terms; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sculptz without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Sculptz deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sculptz.

Jurisdiction
The products described on this Site may not be available to you because of the manner or locales in which they are distributed. Sculptz makes no claim that the information on the website is appropriate in any jurisdiction. If you use this Site from locations outside of Canada, you are responsible for compliance with any applicable local laws.

You agree that any disputes between you and Sculptz shall be adjudicated in accordance with the laws of the Province of Ontario or Canada by a Canadian court of competent jurisdiction.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sculptz or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Sculptz does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sculptz is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sculptz reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sculptz in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Sculptz, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Sculptz may link to sites operated by third parties. However, even if the third party is affiliated with Sculptz, Sculptz has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sculptz. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sculptz seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Terms and Conditions – Supply of Products

This section together with our privacy policy and the website terms and conditions tells you the terms and conditions on which we supply any of the products (Products) listed on our www.sculptz.ca website and any other website under our ownership or control from which a link has been created to these terms and conditions. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Information About Us

www.Sculptz.ca is a site operated by Enchantress Hosiery Corporation of Canada Ltd, trading as Sculptz^® (“we”, “us”, “our”, or “Sculptz”). We are registered in Ontario, Canada.

Our address is: Sculptz, 70 Weybright Court, Unit 1, Scarborough, Ontario M1S 4E4

Telephone: 1-888-388-0550

Service Availability

Our site is only intended for use by people resident in Canada. We therefore do not accept orders from individuals resident outside Canada. By placing an order through our site you warrant that you are legally capable of entering into binding contracts and that you are resident in Canada.

Order and Dispatch

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one of our Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”).

Right of Cancellation

You may cancel your Order at any time, before or after payment is due. You may cancel by either (i) writing to Sculptz Customer Service, 70 Weybright Court, Unit 1, Scarborough, Ontario M1S 4E4 or (ii) via our Customer Helpline on 1-888-388-0550 or (iii) by email to customerservice@sculptz.ca with Order Cancellation written in the subject line. If you cancel your Order after payment is made you will receive a refund of the price paid for the Products in accordance with our refunds policy set out below.

Refunds and Returns Policy

If you’re not 100% happy, we’re not happy.  Just return your item within 15 days of receipt for an exchange or prompt credit.  Your money will be refunded without question.  In order to ensure proper handling of your return, please indicate the reason for the return.  If an exchange or replacement is requested, please include description, style no., size, colour, and quantity.  Enclose the return information with the item being returned and send to:  Sculptz Returns, 70 Weybright Court, Unit 1, Scarborough, Ontario M1S 4E4.  Please retain the invoice portion.  To contact us by phone, call 1-888-388-0550. Please note that return of products is at your own cost and risk.

Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Price and Payment

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error in which case the provisions below shall apply. These prices exclude sales taxes and delivery costs if applicable, which will be added to the total amount due.

Our delivery costs are as follows:

Standard service $6.95 (no charge for order value of $50 or more) – delivery in 3-8 days

Express service $9.95 - delivery in 2-4 days

Priority service $19.95 – delivery in 1-3 days

Prices are liable to change at any time. Pricing changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Typographical Errors

In the event that a Sculptz product is mistakenly listed at an incorrect price, Sculptz reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sculptz reserves the right to refuse or cancel any such orders whether or not we have sent you a Dispatch Confirmation and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Sculptz shall issue a credit to your credit card account in the amount of the incorrect price.

Warranty Disclaimer and Limitation of Liability

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all purposes for which products of the kind are commonly supplied. To the fullest extent permissible by law, Sculptz disclaims all other warranties, express or implied.  To the fullest extent permissible by applicable law, in no circumstances, (including but not limited to negligence) shall Sculptz be liable for any direct, indirect, incidental, special, consequential or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or the inability to use, the products provided on this site or the performance of the products, even if Sculptz has been advised of the possibility of such damages. Our liability is strictly limited to the purchase price for the Product you purchased, save where such limitation of liability is contrary to applicable law.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, regulations or restrictions of any government.

Notices

We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us.

Waiver

If we fail at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you. A waiver by us of any default shall not constitute a waiver of any subsequent default.

Severance

If any provision of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.

Variations

We may revise these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order products from us, unless any changes to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven days of receipt by you of the Products).

Jurisdiction and Applicable Law

The Sculptz products described on this Site may not be available to you because of the manner or locales in which they are distributed. Sculptz makes no claim that the information (on the website) is appropriate in any jurisdiction. If you use this Site from locations outside Canada, you are responsible for compliance with any applicable local laws.

You agree that any disputes between you and Sculptz shall be adjudicated in accordance with the laws of the Province of Ontario or Canada by a Canadian court of competent jurisdiction.