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Terms & Conditions


TERMS & CONDITIONS

 

GENERAL TERMS OF SERVICE & CONDITIONS

OVERVIEW

This website is operated by Infinia Apparel. Throughout the site, the terms “we”, “us” and “our” refer to Infinia Apparel. Infinia Apparel offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms & Conditions”, “Terms of Service & Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE & PRICES

We reserve the right to change and update these terms and conditions from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions that apply to your use of the website. By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our terms and conditions.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange as per product description, or as per the Check-out notes, otherwise according to our Returns & Exchange Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Check our Privacy Policy for details.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Infinia Apparel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Infinia Apparel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of TORONTO, ONTARIO, Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by email as advised on our website at CONTACT US (infiniaapparel@outlook.com).

 

TERMS OF SALES

 

SECTION 21 - PLACING ORDERS

To place an order you can open an account with us. You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account. We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorized use of your account, please contact us. If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.

What Information Do We Collect?

In order to use the Site to learn about our company and its products and to purchase and return our products, you will need to create an account. When you register for an account, we collect personally identifiable information about you (“Personal Information”), which may include, but is not limited to, your:

  • Full name
  • email address
  • credit card information
  • telephone number
  • shipping address
  • billing address

You may choose not to provide your Personal Information; however, creating an account is a prerequisite for using the full functions of the Site and if you do not provide your Personal Information you may not be able to use the Site.

We also provide an email forwarding service that enables you to invite friends to visit the Site. These messages are sent in your name, with your email address as the return address and your full name and contact information is provided as part of the submission. These messages will only be sent at your request.

SECTION 22 – ORDER ACCEPTANCE

Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch of the product(s) is confirmed. We have the right, prior to dispatching the product(s) to decline an order for any reason, including legal and regulatory reasons. If we cannot supply you with the all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.

SECTION 23 – PAYMENT

During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed. By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider. We take full payment immediately for all products. Card payments will be subject to authorization from your card issuer, and credit facilities subject to a credit check.

We do not store your payment information; however third-party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment provider’s websites for further information on how they hold your personal information collected at payment. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

SECTION 24 – DELIVERY & COLLECTION

Delivery will be to the address or store specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office. When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you. We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.

SECTION 25 – INTERNATIONAL DELIVERY

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, we reserve the right to define what products can or cannot be delivered to certain destination. For International customers: please check our Shipping policy for more details.

SECTION 26 – COOKIES

We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Site and to deliver a better and more personalized service. You can refuse to accept cookies by changing the settings on your browser.

This may, however, mean you are unable to access certain parts of our Site. Make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection); for more information, visit Shopify Cookies Policy.

SECTION 27 – CHANGES TO AN ORDER

Any changes to your order must be notified to us prior to their despatch, and be in writing (via email). When an order is placed, you cannot make changes to your name or address once your order has been despatched. If you amend or change your order this could lead to changes to your delivery timetable. If you amend or change your order, you may also find that the item is no longer available, or that the price has changed for which you may be charged.

SECTION 28 – RIGHT TO CANCEL

If you wish to cancel an order, please be aware that statutory rights of cancellation do not apply to any products with a hygiene seal where the seal has been removed, broken or damaged. To exercise your right to cancel your contract with us, you must inform us of your decision in writing within the number of days specified for the returns after the day you received the products, which you can do by downloading the cancellation form provided and sending it to us separately. Products should be returned either with, or in their original packaging. You are liable for any diminished value of the products resulting from the unnecessary handling, in excess of what is necessary to establish, characteristics and functioning of the products. We will assess this charge when the products are returned but this charge will not be more than the original contract value. For more information check our Shipping Policy Section.

SECTION 29 – PRODUCT DESCRIPTION

We try to ensure that prices quoted on the website are correct and that all items have a fair product description. We try to display our product colours as accurately as possible on the website; however the actual colours you see will depend on your monitor. We cannot guarantee the colours displayed on your monitor accurately reflect the colour of the product on delivery. All items are subject to availability.

We will inform you as soon as possible if the product(s) you have ordered are not available. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to special return or exchange terms, explained in the product description, at check out, or in the Shipping or the Returns & Exchange Policies.

We reserve the right to discontinue any product at any time.

SECTION 30 – SOCIAL MEDIA

Infinia official social media platform pages have been created to share information about our events, products and promotions while providing a place for customers to share their comments and feedback with us. To keep these pages a fun and friendly community space, we have established the following guidelines for its use: - Any graphic, obscene, explicit or politically motivated posts are not permitted, nor are comments that are disrespectful, abusive, hateful or defamatory to any person or organization. Any post or comment deemed to be such, at Infinia’s entire discretion, will be deleted; - All solicitations or advertisements for third parties will be deleted; - Any comments suggesting or encouraging illegal activities will be deleted.

SECTION 31 – TAXES AND DUTIES

To ensure the most accurate prices, taxes, and delivery costs are displayed while browsing our website, we recommend you select your country from the shipping destinations listed in the link at the top of our website.

Prices displayed on the website do not include taxes. When you proceed to purchase your order, sales tax  (where applicable) will be calculated on the total value of merchandise, as well as shipping charges, and will be displayed on your Order Summary page.

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED ABOVE.