Terms And Conditions
TO PROTECT YOUR OWN INTERESTS, YOU MUST READ AND UNDERSTAND
THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING PRODUCTS AND
SERVICES FROM OUR SITE.
These terms of use explain how you may use this website (Shoperts.com). You should read these
terms and conditions carefully before using the Site. By accessing or using this Site or otherwise
indicating your consent, you agree to be bound by these terms and conditions and the documents
referred to in them. If you do not agree with or accept any of these terms, you should cease using
the Site immediately. These terms apply to all visitors, users, and others who access or use the
website. If you have any questions about this website or you want any explanation about them,
please e-mail or telephone our Customer Service Department at the e-mail address and telephone
number set out here.
1.Introduction
a. Definitions
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
"We", "Us" or "Our" means Shoperts.com
"You" or "Your" means the person accessing or using the Site or its Content.
b. Accessibility
We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact our Customer Service Department .
c. Privacy Statement
These terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency.
This Site is intended for and directed to residents of Canada over the age of 18 years
2. Restrictions On Use
a. The Site is for your [personal and non-commercial] use only. As a condition of your use of the Site, you agree:
- not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- not to [reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise] make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
- not to use the Site to distribute viruses or malware or other similar harmful software code;
- not to represent or suggest that we endorse any other business, product or service unless we have to do so separately agreed in writing
- that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
b. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
3. Ownership, Use and Intellectual Property Rights
- This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind)
whether registered or unregistered anywhere in the world.
- Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
- Trademarks. Shoperts is our trademark/ brand name, and ‘Upscale Shopping Experience’ is our logo. The use or misuse of any trademarks, logo or any other content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.
- Copyrights
- Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material relating to the Content (as described below), including our software and all html and other code contained in the site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are permitted to use the Content only as expressly authorised by us and/or our third party licensors. We grant you a limited, revocable and non-exclusive license to access and make personal use of the site. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Seller reserves the right to discontinue deliveries of any products, the manufacture, sale or use of which would, in Seller's opinion, infringe upon any patent, trademark or design now or hereinafter issued, registered, or existing and under which Seller is not licensed.
- Uploading Content to our Site: Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.
4.Submitting Information to the Site
- The Site is not a secure means of communication and any information you supply to us
will not be kept confidential. For that reason, you should not submit or send to us any
patentable ideas or patent applications, advertising or marketing suggestions, prototypes
or any information, written or oral, which you regard as confidential or commercially
sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we
value your feedback, you agree not to submit any Unwanted Submissions. Any
submission (including any Unwanted Submission) made to us is deemed to be our
property. By transmitting or posting any submission or other material to us, you agree
that, subject to our Privacy Statement, we are entitled to use any such information in any
manner we see fit (including reproduction, transmission, publication, broadcast, and
posting on any media and anywhere in the world) on a free of charge basis. We shall not
be subject to any obligation of confidentiality nor be liable for any use and/or disclosure
of such submissions.
- Where our Site enables you to communicate with us and/or other users of the Site, you
may not use the Site to transmit harmful or offensive (e.g., violent, obscene,
discriminatory, defamatory or otherwise illegal) communications or material which might
otherwise bring us or the Site into disrepute. Although we reserve the right to monitor,
edit, review or remove discussions, chats, postings, transmissions, bulletin boards and
similar communications on the Site from time to time, we are under no obligation to do
so and assume no responsibility or liability arising from any Content posted on the Site
nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy
contained in any such information. Our right to use submissions or other material
provided by you is [non-exclusive, freely transferable and worldwide] so you shall be
entitled to use your own material yourself subject to applicable law.
- You represent and warrant that any Content you supply to us is and shall be your own
original work and has been lawfully provided to us and that you have all necessary
consents to provide this to us [and that we shall be entitled to disclose your name with
any such Content that we may choose to publish]. You agree that you waive all moral
rights you may have in any such Content but that any personal data you supply with your
Content may, if we choose to do so, be used by us as described in our Privacy Statement.
- Whenever you make use of a feature that allows you to upload content to our site, or to
make contact with other users of our site, you must comply with the content standards set
out in our Acceptable Use Policy. You warrant that any such contribution does comply
with those standards, and you will be liable to us and indemnify us for any breach of that
warranty. If you are a consumer user, this means you will be responsible for any loss or
damage we suffer as a result of your breach of warranty. Any content you upload to our
site will be considered non-confidential and non-proprietary. You retain all of your
ownership rights in your content, but you are required to grant us and other users of the
Site a limited licence to use, store and copy that content and to distribute and make it
available to third parties. The rights you license to us are described in the next paragraph
(Rights you license). We also have the right to disclose your identity to any third party
who is claiming that any content posted or uploaded by you to our site constitutes a
violation of their intellectual property rights, or of their right to privacy. We will not be
responsible, or liable to any third party, for the content or accuracy of any content posted
by you or any other user of our site. We have the right to remove any posting you make
on our site if, in our opinion, your post does not comply with the content standards set out
in our Acceptable Use Policy. The views expressed by other users on our site do not
represent our views or values. You are solely responsible for securing and backing up
your content.
5. Accuracy of Information and Availability of the Site
- While we use reasonable efforts to include accurate and up-to-date information on the
Site, we do not represent, warrant or promise (whether expressly or by implication) that
any Content is or remains available, accurate, complete and up to date, free from bugs,
errors or omissions or fit or suitable for any purpose. Any reliance you may place on the
information on this Site is at your own risk and we may suspend or terminate operation of
the Site at any time at our sole discretion. Nothing in these terms and conditions shall
operate to prejudice any mandatory statutory requirement or your statutory rights.
Content on the Site is provided for your general information purposes only and to inform
you about us and our products and news, features, services and other websites, which
may be of interest. It does not constitute technical, financial or legal advice or any other
type of advice and should not be relied on for any purpose.
- While we make commercially reasonable efforts to ensure that the Site is available, we do
not represent, warrant or guarantee in any way the Site's continued availability at all
times or uninterrupted use by you of the Site.
6. Hyperlinks and Third-Party Sites
- The Site may contain hyperlinks or references to third-party websites other than the Site.
Any such hyperlinks or references are provided for your convenience only. We have no
control over third-party websites and accept no responsibility for any content, material or
information contained in them. The display of any hyperlink and reference to any third-
party website does not constitute an endorsement of such third party's website, products
or services. Your use of a third-party site may be governed by the terms and conditions of
that third-party site.
- 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).
7. Warranties and Limitation of Liability
- You agree that your use of the Site is on an "as available" basis. As stated above, except
as otherwise expressly required by applicable law, we make no representations,
warranties, conditions or other terms (whether express or implied) in relation to the
provision of the Site, including without limitation as to completeness, accuracy and
currency or any Content on the Site, or as to satisfactory quality or fitness for a particular
purpose.
- 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
- To the maximum extent permitted by applicable law, we exclude all liability (whether
arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise
have to you as a result of any error or inaccuracies in any Content, the unavailability of
the Site for any reason, and any representation or statement made on the Site.
- We will not be liable for any loss or damage we cause which we could not reasonably
anticipate when you started using the Site, for example if you lose revenue, salary, profits
or reputation as a result of your use of the Site and/or the acts or omissions of any third
party such as other users of the Site or any other indirect or consequential loss or damage
you may incur in relation to the Site and its Content.
- Under no circumstances shall our aggregate liability to you for any and all claims arising
from your use of the Site (including the downloading or use of any Content) exceed, to
the extent permitted by law the amounts paid by you to us in relation to your use of the
Site or its Content [confirm what would be a reasonable limitation of liability].
- Notwithstanding any other provision of these terms and conditions, we do not exclude or
limit our liability for death or personal injury arising from our negligence, for any
fraudulent misrepresentation made by us on the Site or for any other statutory rights
which are not capable of being excluded.
- Any exclusions and limitations of liability in these terms shall be subject to the
Additional Terms in respect of matters covered by those Additional Terms and as
otherwise required by law.
- The warranties set forth herein or in Seller's warranty documents with respect to a
product are the only warranties made by Seller in connection with the products and the
transactions contemplated as a result of this sale. Seller makes no other warranties or
representations to Buyer or any other person of any kind, whether express or implied,
with respect to the products, and Seller specifically disclaims all implied warranties
including, without limitation, the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. Products sold hereunder are sold only to the
specifications specifically set forth by the Seller in writing. Due to the nature of the
business, Seller assumes no responsibility in terms of product quality, size, color, style
etc. Buyer assumes all risk whatsoever as to the result of the use of products purchased,
whether used alone or in combination with other products or substances.
- In no case shall Shoperts.com, 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.
- You agree to indemnify, defend and hold harmless Shoperts.com 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 and Conditions or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the
validity and enforceability of any other remaining provisions.
- 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 and Conditions are effective unless and until terminated by either you or us.
You may terminate these Terms and Conditions 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 and Conditions, 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).
8. Product, shipments and return policies
a. Product Descriptions
At Shoperts, we strive to provide accurate and detailed product descriptions. However, we do not
guarantee that all descriptions, product details, or other content on this website are entirely
accurate, complete, reliable, current, or free of errors. Please note that slight variations in the
color of products may occur due to factors such as display settings and lighting conditions.
b.Stitching Errors & Omissions
We endeavor to ensure that all stitched items meet the measurements provided by our customers.
However, minor errors or omissions may occur. Please note that all stitched items are considered
FINAL SALE and are not eligible for returns or refunds.
c.Cancellation of Orders
Orders may be canceled within 24 hours of being placed. Once processing begins, cancellations
will not be accepted. Refunds are only applicable in cases where the product becomes
unavailable after the order is placed.
d.No Returns & No Refunds
Due to the nature of our business, Shoperts operates on a strict NO RETURN, NO REFUND
policy. We encourage customers to refer to customer reviews, feedback, and pictures on our
website homepage or Instagram account (@Shoperts11) for an informed shopping experience.
Exceptions to this policy include:
- Delivery of a damaged product.
- Delivery of an incorrect product.
In such cases, returns or refunds may be considered.
e.Color & Description Disclaimer
The product specifications (e.g., weight, color, size, details of handwork, etc.) provided on our
website are approximate. Minor color variations may occur due to factors such as fabric dyes,
weather conditions during dyeing, lighting, digital photography, and display settings of monitors.
Important Notes:
- Shades of red, maroon, and orange may reflect differently under varying lighting
conditions.
- Green and blue shades often overlap.
- Off-white, white, and cream colors may appear similar but are distinct.
- Textured fabrics like raw silk, khadi silk, and brocade naturally display visible weaving
and threads, which are inherent features, not defects.
- Due to the nature of apparel manufacturing from various brands ends, SHOPERTS does
not guarantee the consistency, color, texture or appearance of the actual apparel. The
colors displayed are the closest possible variant but hues & tones may slightly differ due
to monitor/screen settings. Pictures of outfits and different products given on the website
are taken during shoot, under mixture of natural and artificial lighting. Such pictures then
go through editing. These pictures are for advertising and reference purposes only and
actual products may vary from the picture.
- Please note that different types of fabrics absorb the same color differently and thus
reflect different shades of the same color. We try to present the product in the picture
closest to reality but actual products can vary and we hold no responsibility for that.
Please read product description clearly before purchase
Size Disclaimer
We make every effort to give you accurate manufacturer reported sizing information for the
products in our size guides available alongside each product on the product page . However,
please note that due to the nature of the manufacturing process the product sizing may vary
slightly. SHOPERTS is not responsible for sizing variations in the manufacturing process.
When ordering online, customers should account for these variations.
f.Beads and Sequences Disclaimer
Customers purchasing items with sequins or beaded embroidery should be aware that these
embellishments may detach over time, even with proper care. This is an inherent characteristic of
such designs. Additionally, customs inspections during transit may result in more wear or
detachment.
g.Health & Safety Disclaimer
Shoperts does not assume responsibility for:
- Adverse skin reactions or allergies caused by fabrics, dyes, or accessories.
- Harmful waste or chemicals used during the manufacturing process.
- Hazardous working conditions in manufacturing facilities.
- Physical injuries or hazards related to clothing materials or accessories.
h.Shipment Delays
Shoperts is committed to delivering all orders promptly. However, delays may arise due to
external factors beyond our control, including but not limited to:
- Strikes or labor disruptions.
- Changes in government policies.
- Law and order situations.
- Adverse weather conditions.
- Flight delays or supply chain disruptions.
- Network, internet or other technology failures that impact website operations
We kindly request your patience and understanding in such situations.
i.Cost of Delivery, Taxes and Other Charges
Buyer shall pay the costs of delivery of the products. Buyer shall pay all sales, use, excise or
similar taxes, or other charges, which Seller is required to pay, or to collect and remit, to
any Government (federal, provincial or local) and which are imposed on or measured by the
sale.
j.Delivery
- The estimated date for delivery of the products will be set out in the Confirmation E-mail
or in the website. If something happens which is outside of our control and which affects
the estimated date of delivery, we will give you a revised estimated date for delivery of
the products.
- Delivery of the products will take place when we deliver them to the address that you
gave to us. You will be responsible for the products when delivery has taken place and
you will own the products when we receive payment in full for them and any related
delivery charges.
9. Pricing Policy
All prices and offers remain valid as advertised from time to time. Product prices are set using
existing currency exchange rates. These prices are subject to change if the applicable currency
exchange rate changes before your order is accepted or the items are subject to markdowns at
any time during the selling period. The price applicable to your order will be the price current at
the time your order is accepted. Once an item has been purchased at a discounted sale price, no
price adjustment will be offered should the item be further marked down.
Your card will be
charged in currency based on the place where the goods are purchased. Prices are displayed to
you when you enter the site in the currency used for the country indicated by your computer’s IP
address. If you are a customer whose debit/credit card is not denominated in Pakistani Rupees
(PKR) or US Dollars (USD), the final price will be calculated in accordance with the applicable
exchange rate on the day your card issuer processes the transaction. If you are in Pakistan and
choose to have the goods shipped to Pakistan, prices will be shown inclusive of all taxes (where
applicable) at the current rate. All Washington state USA customers will be charged County/Municipal and State Tax at the time of the checkout. All other countries are shown a
price excluding taxes and as the recipient, you are liable for all import duties, customs and local
sales taxes levied by the country you are in. Payment of these at the time of delivery is necessary
to release your order from customs on arrival. At the time of refunds, the exchange rate of the
currency at the time you made a purchase will be applicable.
10. Ordering Products from the Site
The steps required to create the Contract between you and us are as follows:
- You place an order on the Site
(Shoperts.com)
- To use some of the services or features made available to you on this site, you will need
to register. When you register, you are required to provide information about yourself that
is true, accurate, current and complete in all respects. Should any of your registration
information change, please notify us immediately at (Shoperts.com). We may also change registration
requirements from time to time.
- If you choose, or you are provided with, a user identification code, password or any other
piece of information as part of our security procedures, you must treat such information
as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by
you or allocated by us, at any time, if in our reasonable opinion you have failed to
comply with any of the provisions of these terms and conditions. If you know or suspect
that anyone other than you knows your user identification code or password, you must
promptly notify us
- In order to make purchases on the site, you will be required to provide your personal
details. In particular, you must provide your real name, phone number, email address and
other requested information as indicated. Furthermore, you will be required to provide
payment details that you represent and warrant are both valid and correct and you
confirm that you are the person referred to in the billing information provided. The site is
available only to individuals and others who meet our terms of eligibility, who have been
issued with a valid debit/credit card by a bank acceptable to us, whose applications are
acceptable to us and who have authorised us to process a charge or charges on their
debit/credit card in the amount of the total purchase price for the merchandise which they
purchase.
- When your order is placed with us at the end of the online checkout process, we will e-
mail you to acknowledge that we have received your order. This order acknowledgment
does not, however, mean that your order has been accepted by us.
- We may send you an e-mail to say that we do not accept your order. This is typically for
the following reasons:
- the products are not available;
- we cannot obtain authorization of your payment;
- [you are not permitted to purchase the products]; and/or
- there has been an error by us on the pricing or description of the products.
- We will only accept your order when we send you an e-mail that confirms this
("Confirmation E-mail"). At this point, a legally binding contract will be in place
between you and us and at this point we will dispatch the products to you ("Contract").
- When placing an order on the Site, you should take care to ensure that all of the
information that you provide to us is correct although we appreciate that from time to
time errors might be made. Therefore, please ensure that you take enough time to read
and check your order before submitting it to us. 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, body measurements, shipping address, credit card numbers and expiration dates,
so that we can complete your transactions and contact you as needed.
- Seller retains the right and title to the products sold to Buyer until Seller is paid in full for
the products. Buyer shall obtain the right and title to the products upon payment to Seller
of the purchase price and any taxes, excise or other charges. The risk of loss, including,
but not limited to the risk of loss, theft, damage or destruction of the products, transfers to
Buyer.
- 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.
- Prices for our products and services are subject to change without notice. We reserve the
right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
- 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 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.
- Whenever you make use of a feature that allows you to upload content to our site, or to
make contact with other users of our site, you must comply with the content standards set
out in our Acceptable Use Policy. You warrant that any such contribution does comply
with those standards, and you will be liable to us and indemnify us for any breach of that
warranty. If you are a consumer user, this means you will be responsible for any loss or
damage we suffer as a result of your breach of warranty. Any content you upload to our
site will be considered non-confidential and non-proprietary. You retain all of your
ownership rights in your content, but you are required to grant us and other users of the
Site a limited licence to use, store and copy that content and to distribute and make it
available to third parties. The rights you license to us are described in the next paragraph
(Rights you license). We also have the right to disclose your identity to any third party
who is claiming that any content posted or uploaded by you to our site constitutes a
violation of their intellectual property rights, or of their right to privacy. We will not be
responsible, or liable to any third party, for the content or accuracy of any content posted
by you or any other user of our site. We have the right to remove any posting you make
on our site if, in our opinion, your post does not comply with the content standards set out
in our Acceptable Use Policy. The views expressed by other users on our site do not
represent our views or values. You are solely responsible for securing and backing up
your content.
11. Payment
- Payment can be made by Visa, Mastercard, American Express, Quickpay Zelle and any
other methods which may be clearly advertised on the site from time to time; you must
pay for the products before we dispatch them.
- You confirm that the debit/credit card that is being used is yours or that you have been
specifically authorised by the owner of the debit/credit card to use it. All debit/credit card
holders are subject to validation checks and authorisation by the card issuer. If the issuer
of your payment card refuses to authorise payment to us, we will not be liable for any
delay or non-delivery.
- We take reasonable care to make our site secure. All debit/credit card transactions on this
site are processed using a secure online payment gateway that encrypts your card details
in a secure host environment. These details will be fully encrypted and only used to
process card transactions which you have initiated. To help ensure that your shopping
experience is safe, simple and secure, we use SSL technology. Furthermore, we take
reasonable care, in so far as it is in our power to do so, to keep details of your order and
payment secure, but in the absence of negligence on our part we cannot be held liable for
any loss you may suffer if a third party procures unauthorised access to any data you
provide when accessing or ordering from the site.
- Your credit card or debit card will only be charged when the products are confirmed by
the customers and before the order is ready to be executed.
- All payments by credit card or debit card need to be authorized by the relevant card
issuer. If your payment is not received by us and you have already received the products
that you ordered from us, you must pay for such products within [30] days or must return
them to us as soon as possible. You must keep the products in your possession, take
reasonable care of them (including ensuring that you follow any instructions or manuals
provided with the products) and not use them before you return them to us. If you do not
pay for the products or return them to us in accordance with this paragraph:
- The price of the products and services and other costs
- Includes GST/HST at the applicable rate (or GST and applicable
provincial/ federal taxes may be added);
- is quoted in Canadian dollars ($).
- Buyer shall pay the costs of delivery of the products. Buyer shall pay all sales, use, excise
or similar taxes, or other charges, which Seller is required to pay, or to collect and remit,
to any Government (federal, provincial or local) and which are imposed on or measured
by the sale.
- Buyer shall have no right of set-off or withholding, and no deduction of any amounts due
from Buyer to Seller shall be made without Seller's prior, express written approval.
12. General
- These terms are dated Mar 01, 2025. No changes to these terms are valid or have any
effect unless agreed by us in writing. We reserve the right to vary these terms and
conditions from time to time. Our new terms will be displayed on the Site and by
continuing to use and access the Site following such changes, you agree to be bound by
any variation made by us. It is your responsibility to check these terms and conditions
from time to time to verify such variations.
- Unless otherwise expressly stated in these terms and conditions, all notices from you to
us must be in writing and sent to our contact address at [postal address] and all notices
from us to you will be displayed on our website from to time.
- We shall have no liability to you for any breach of these terms caused by any event or
circumstance beyond our reasonable control including, without limitation, strikes, lock-
outs and other industrial disputes, breakdown of systems or network access, flood, fire,
explosion or accident.
- If any part of these terms and conditions is unenforceable (including any provision in
which we exclude or limit our liability to you) the enforceability of any other part of
these terms and conditions will not be affected. If we choose not to enforce any right that
we have against you at any time, then this does not prevent us from later deciding to
exercise or enforce that right.
- These terms and conditions (together with the Privacy Statement and any applicable
Additional Terms [or other terms expressly referred to in these terms and incorporated by
reference — if there are any]) contain the entire understanding and agreement between us
and you in relation to your use of the Site and supersede and replace any representation,
statement or other communication (whether written or otherwise) made by you or us
which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being untrue or misleading.
- You may not assign, sublicense or otherwise transfer any of your rights and obligations in
these terms to any other person.
- These terms and conditions shall be construed in accordance with and governed by the
laws in effect within [province/territory].
13. 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 and
Conditions.
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 email 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.
14. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
To view our Privacy Policy.
15. Termination of the Contract
If the Contract is terminated it will not
affect our right to receive any money which you owe to us under the Terms.
16. Disputes and Language
- We will try to resolve any disputes quickly and efficiently. If you are unhappy with the
way we deal with any dispute and you want to take court proceedings, the relevant courts
of [Canadian province/territory or city] will have exclusive jurisdiction in relation to the
Terms. Relevant [Canadian province/territory or city] law will apply to these Terms.
- The parties acknowledge that they have required that the Terms and all related documents
be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités
de vente et tous les documents connexes soient rédigés en anglais.
These Seller's Terms and Conditions of Sale are the sole and exclusive statement of the parties'
understanding and agreement with respect to the transactions contemplated by this sale,
notwithstanding any other terms that might be contained in any purchase order or other
document received from Buyer or submitted to Seller. These Terms and Conditions of Sale
constitute the entire agreement between the parties regarding the subject matter hereof and can
only be modified or changed in writing and signed by authorized representatives of both parties.
No waiver by Seller of any of Seller's Terms and Conditions of Sale or any breach hereof shall
constitute or be deemed to be a waiver of any such term or any such breach in any other case. No
waiver shall be deemed to occur as a result of the failure to enforce any term or condition of
these Seller's Terms and Conditions of Sale. If any section or portion hereof shall be held by a
court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining sections or
portions shall remain in full force and effect. The paragraph headings are for convenience only
and shall not be used in interpreting or construing these Seller's Terms and Conditions of Sale.
Thank you for shopping with Shoperts! By accessing and using our website, you agree to
these terms and conditions. For further inquiries, please contact our support team.