Last updated: March ●, 2020
These Terms of Service ("Terms" or "Terms of Service") govern your (“you”, “your”) use of the http://www.landscape.store website (the "Service") operated by or on behalf of Cashmere Outfitters Inc. ("us", "we", or "our"), together with any successors to such Service.
Please read these Terms of Service carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you confirm having read and understood these Terms and agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information (the “Information”).
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and to supply the Information; and that (ii) the Information you supply to us is true, correct and complete. You will be liable for any unauthorized credit card use.
Once you have finalised your order, you have undertaken to pay for any product purchased, subject to our return policy.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, Superior Force (as defined below), unauthorised credit card use or other reasons. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that would require us to refuse to process an order after we have sent you an order confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.
No contract in respect of any Purchase shall exist between you and us until your order has been accepted by us and we send you an order confirmation.
AVAILABILITY, ERRORS AND INACCURACIES
In order to provide exceptional service and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may contain error(s) or inaccuracies regarding the price, be inaccurately described, out of stock, discontinued or otherwise be unavailable. Some products or services may be available in limited quantities or while supplies last. Display of an item through the Service is not a guarantee that the item is in stock or that it will be in stock at a later date.
In the event that the price listed on the Service is incorrect, we will notify you as soon as possible. To the extent permitted by law, we are not under any obligation to sell you the product at any price listed erroneously or inaccurately.
We make every effort to display as accurately as possible the colors, textures or details of our products on the Service. However, as the actual colors, textures or details you see will depend on your device’s monitor or display, we cannot guarantee that your device’s monitor or display of any color, texture or detail will be accurate. If you are not satisfied with the color, texture or detail of a product you have purchased, please refer to our return policy and do not hesitate to contact us at firstname.lastname@example.org or at 4480 Côte-de-Liesse, suite 206, Mount Royal, QC H4N 2R (Canada).
We may experience delays in updating information on the Service and in our advertising on other websites.
If the price of the item you have purchased is reduced or if you find the same product for less elsewhere, we will gladly honor a one-time price adjustment on all full-price Purchases within seven days of the Purchase if accompanied by the original receipt. Items not purchased at full price are not eligible for price adjustments.
All prices listed through the Service are in Canadian dollars and are exclusive of shipping charges and applicable taxes.
REPAIR OR REPLACEMENT OF DEFECTIVE ITEMS
Our goal is to comply with the highest standards of quality and your satisfaction is important to us. In the event that your Purchase is defective or if you encounter any problems with your Landscape garment, please promptly contact us by email at email@example.com or by telephone at 1-888-791-8080. Once you have described the defect, we will determine whether you are entitled to a refund or replacement based on the nature of the defect, length of time since your purchase, circumstances of your purchase and use of the garment. Please note that we will not reimburse or replace your garment for any damage caused by ordinary wear and tear.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Promotions may be available for a limited time. We reserve the right to cancel any Promotions without notice.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to our Service. With respect to any such registration or account, you may not use (and we may refuse to grant you) any user name or e-mail address that belongs to or is already being used by another person, that may be construed as impersonating another person, that violates the intellectual property or other rights of any person, that is offensive, or that we reject for any other reason in our sole discretion. By using the Service or by making a Purchase, you hereby represent and warrant that you are eighteen (18) years of age or older.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You will be held liable for any authorized use of your account by a third party. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
By placing an order, you represent and warrant that your Purchase is for personal use and for non-commercial purposes only.
DELIVERY AND RETURNS
DELIVERY TO CANADA
We offer delivery to valid addresses within Canada on our Canadian customer website. Please refer to our delivery and returns policies.
DELIVERY OUTSIDE CANADA
We ship to valid addresses within the United States as well as to select other countries worldwide. Delivery and return conditions will vary depending on your location. Please refer to our delivery and returns policies on our non-Canadian customer website.
Our website hosting platform collects sales taxes for all of the countries we deliver to. In the event that you incur any import or customs duties in relation to your Purchase, we will refund them upon demand.
RISK AND TITLE
The product(s) you purchase through the Service will be at your risk from the time of delivery. Ownership of the product(s) will pass on to you upon the later of when we receive full payment of all amounts due in respect of the product(s), including delivery charges, and delivery of the product(s) to you.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Cashmere Outfitters Inc. and are protected by copyright, trademarks, database, patents, other intellectual property rights and/or other proprietary rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own personal non-commercial use, or to place an order with Cashmere Outfitters Inc. Any other use is strictly prohibited and may violate copyright, trademark, patent and other laws and except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the Service or any information or materials made available through the Service. These Terms do not grant you a license or right to use any trademark of Cashmere Outfitters Inc. or its subsidiaries or affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. Landscape is a trademarks belonging to Cashmere Outfitters Inc.
LINKS TO OTHER WEBSITES
The Service may contain links to or feeds from third-party web sites, services or other resources that are not owned or controlled by Cashmere Outfitters Inc. or any of its subsidiaries or affiliates (the “Third-Party Applications”).
Cashmere Outfitters Inc., and its subsidiaries or affiliates or any of our or their respective principals, officers, directors, representatives, employees, contractors, suppliers, agents, licensors or providers do not have any control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Applications. You further acknowledge and agree that neither Cashmere Outfitters Inc. nor any of its subsidiaries or affiliates or any of our or their respective principals, officers, directors, representatives, employees, contractors, suppliers, agents, licensors or providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Applications.
We have no obligation to monitor Third-Party Applications, and we may remove or restrict access to any Third-Party Applications (in whole or in part) from the Service at any time. You agree that your use of any Third-Party Applications is at your sole risk and is subject to the terms and conditions of use applicable to such Third-Party Applications and without warranties or representations of any kind by us.
We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Applications that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
All provisions of the Terms shall survive the termination of your access or account, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
If you have placed an order prior to your access being terminated, you will still be entitled to the processing of such order unless your order was also placed in violation of these Terms of Service.
You agree to indemnify, defend and hold harmless Cashmere Outfitters Inc., its affiliates, subsidiaries, principals, officers, directors, representatives, employees, contractors, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands resulting or arising, directly or indirectly, from your Purchase or use of the Service.
These include but are not limited to any and all allegations, claims, liabilities, actions, damages, demands, costs and expenses, causes of action, including legal and accounting fees, and other proceedings, arising from or related to any of the following: (a) your use of, or inability to use, or activities in connection with the Service; (b) your breach of any of these Terms or any other terms, conditions or policies of Cashmere Outfitters Inc.; (c) anything you post on, submit or upload to the Service; and (d) any activity related to your account, including, but not limited, any orders or other transactions. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
LIMITATION OF LIABILITY
Save as provided for by any applicable law, Cashmere Outfitters Inc., its directors, employees, partners, agents, suppliers, subsidiaries or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, arising from, resulting from, or in any way related to (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER AND NON-WAIVER OF RIGHTS
Cashmere Outfitters Inc. makes no guarantees, representations or warranties of any kind as regards the Service and associated technology. Any express or implied purportedly applicable warranties, representations, terms and conditions of any kind are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance and, if You are in the province of Quebec, the legal warranties of title and quality under the Civil Code of Quebec, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Cashmere Outfitters Inc. and its subsidiaries and affiliates do not represent or warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service or the servers or networks through which the Service is made available are secure or that the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
No failure of Cashmere Outfitters Inc. to enforce any of its rights or recourses under these Terms of Service shall act as a waiver of such rights and recourses. Cashmere Outfitters Inc. will still be entitled to all rights and recourses at any later date, or in any other situation, where you breach these Terms. Cashmere Outfitters Inc. does not waive any of its rights or recourses. A person who is not a party to these Terms shall have no rights of enforcement.
Cashmere Outfitters Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control (“Superior Force”). Superior Force shall include, without limitation:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- Any law, decree or act of government;
- Any shipping, postal or other transport strike, failure or accident; and
- Any other event beyond our reasonable control.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, and accordingly, some or all of the limitations above may not apply to you, as the case may be. Provincial laws of Canada may apply to certain products and service provided.
BINDING NATURE AND ASSIGNMENT
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the federal laws of Canada applicable therein.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. In the event these Terms are available in a language other than English and the English version and such other version diverge, the English language version of these Terms shall prevail. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s'y rapportent soient rédigés en anglais.
We reserve the right, at our sole discretion, to change, amend, modify, update or replace these Terms, in whole or in part, at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those changes become effective, you agree to be bound by such modifications, alterations or updates of the Terms once they are uploaded to the Service. If you do not agree to the new terms, in whole or in part, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or at 4480 Côte-de-Liesse, suite 206, Mount Royal, QC H4N 2R (Canada).