Conditions d'utilisation
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”).
Your use of this Internet Site in any manner, including browsing or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. NorthGirls Inc. reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the website signifies your acceptance of such revised Terms and Conditions.
This website is provided “as is” and is accessed and used by you at your own risk. Reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies. NorthGirls Inc makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.
Although every effort has been made to ensure that the inventory counts are accurate, we can not guarantee that our inventory counts are correct. In the event that your order cannot be filled, we will refund the amount that you paid for the item that we cannot supply.
NorthGirls Inc reserves the right to limit quantities.
NorthGirls Inc controls this website from its offices within Ontario, Canada. The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. You are responsible for complying with all local laws.
LIMITATION OF LIABILITY
In no event shall NorthGirls Inc, its Directors, Officers, Employees, Affiliates, Successors or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results or use of, this internet site or any content on this internet site, even if NorthGirls Inc or its representative has been advised of the possibility of such damages. If you are dissatisfied with this internet site and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this site.
NorthGirls Inc Ontario Inc. is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
NorthGirls Inc assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.
INDEMNIFICATION
You shall indemnify and save harmless NorthGirls Inc, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees incurred as a result of your use of this Internet Site Online Shopping. In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. NorthGirls Inc reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, NorthGirls Inc may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime. Any items purchased on this website will not be delivered to an address outside of Canada.
NorthGirls Inc will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, NorthGirls Inc will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, NorthGirls Inc will notify you as soon as possible.
In order to protect you and NorthGirls Inc from fraudulent transactions, NorthGirls Inc may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. NorthGirls Inc also reserves the right, at its discretion, not to ship items ordered or purchased on this Website to certain addresses. In the event that NorthGirls Inc chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.
SMS SERVICE By consenting to Northgirls SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info@northboys.ca for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Northgirls products or services, you agree that any controversy, claim, action, or dispute between you and Northgirls arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of [Brand]’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Ontario, Canada, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Ontario, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of [Brand]’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 492 Lawrence Ave. West, North York ON M6A1A1. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Northgirls. You are responsible for ensuring [Brand]’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Northgirls agree that you may bring or participate in Claims against Northgirls only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and [Brand] agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@northgirls.ca.
Our contact information is posted below:
Northgirls
info@northbgirls.ca
492 Lawrence Ave. West
North York ON M6A1A1