UPDATE: SEPTEMBER 12, 2019
Eastboutique.com (“EASTBOUTIQUE”) is a company registered in Canada.
1. Service Availability
Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our 4. Delivery section.
2. Your Status
- You may only purchase Products from us if:
- You are legally capable of entering into a binding contract with us, at least 18 years old or the age of majority in their jurisdictions of residence (whichever is older);
- you are an authorize user of the credit or debit card used to pay for your order;
- and, are resident in a country that we deliver to (please see Section “Service Availability” for more information).
3. How the Contract is formed between You and Us
- Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
- After you submit your order, we immediately contact your bank or card issuer for authorization to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us (“Contract”) will be formed.
- As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 6 of these terms and conditions or under our Returns Policy.
- From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
- Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 90 days after the day your Contract is entered into.
- If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 12 will apply.
- Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You will own the Products once We have received payment in full.
- The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer’s display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
- Your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
- you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
5. Price & Payment
- The price payable for the Products shall be as shown on our site in United States Dollar (USD), although please see clauses 5.5 and 5.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site excludes applicable taxes at the relevant rate chargeable for the time being, and also exclude delivery charges which are payable in addition and shown separately during the checkout process.
- We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted.
- We accept payment by Credit Card. We accept the following cards: Visa, Mastercard, and American Express.
- You must pay for the Products (including all applicable tax and delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorization to take payment from your account.
- If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized by you as a mis-pricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
- If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
6. Returns and Exchange Policy
In an effort to reduce textile waste, we do not stock excess inventory. All our apparel is made-to-order. As such, we DO NOT accept returns or offer exchanges. However, if your product arrives faulty or incorrect, we will make every effort to remedy the situation. Please contact [email protected] within 24 hours of delivery for more details.
7. Faulty Products
Please note that products are considered faulty only if they have a severe manufacturing defect or damage making it unfit for you to wear or use. Items that are damaged due to normal wear are not considered faulty or damaged products. Since our products are hand-crafted, there may be minor variations in color as compared to your screen monitor, but the same would not warrant the garment as ‘faulty’.
8. Coupon Code
General Coupon Code terms and conditions:
- Coupons are valid for a limited time only. EASTBOUTIQUE reserves the right to modify or cancel coupons at any time.
- If you do not purchase the qualifying items added to your Cart when the coupon is in effect, the discount will not apply.
- The coupon offer will not be valid until it is applied to the qualifying item.
- The coupon may only be used on eastboutique.com and in conjunction with the purchase of products shipped and sold by EASTBOUTIQUE and not on products sold by third-party sellers.
- If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit.
- Applicable shipping and handling charges apply to all products.
- Offer good while supplies last.
- Void where prohibited.
- EASTBOUTIQUE has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
- Consumer is required to pay any applicable sales tax related to the use of the coupon.
- Coupons are void if restricted or prohibited by law.
9. Our Rights to Cancel the Contract
- We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
- We may also end the Contract in the circumstances set out in clause 5.5 or clause 5.6.
- If We end the Contract in any of the situations set out in clause 1 of Our Rights to Cancel the Contract, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
10. Our Liability
- If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
- We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
- We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
11. 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 an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 11 please contact us at [email protected]
12. Intellectual Property Rights
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
13. Other Important Terms
- Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
- If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
- We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
- We may transfer our rights and obligations under the Contract to another organization. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
- You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
- Please note that these terms and conditions are governed by law of Canada. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by law of Canada, except that if you are not resident in Canada then law of Canada shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
- In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of Toronto, Ontario, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of Toronto, Ontario.