TERMS AND CONDITIONS OF SALE - CANADA
"Seller" and “MarilynJean” means MarilynJean Media Inc., a corporation having its registered office at 12877 76TH AVE SURREY B.C V3W 1E6, www.marilynjean.com and www.marilynjean.ca.
"Buyer" means the person who purchases Goods from the Seller.
"Faulty" means containing a fault or defect, imperfect or defective, and "Fault" has a corresponding meaning
"Goods" means the goods or services which the Seller sells to the Buyer.
"Order" means the Buyer's offer to purchase Goods from the Seller, as submitted by the Buyer to the Seller via the Order page on the Website.
"Order Confirmation" means the Seller's written confirmation that it will sell Goods to the Buyer in accordance with an Order from the Buyer.
"Purchase Price" means the price to be paid by the Buyer for the Goods, as set out in the Order Confirmation, and any applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling.
"Sales Event" means the time period which begins at such time and date determined by the Seller where the Seller advertises a particular Good on the Website or otherwise and is accepting Orders for such Good, and ending on the time and date determined by the Seller where the Seller stops accepting Orders for such Good.
"Special Conditions" are any terms and conditions imposing additional restrictions, obligations and/or conditions on any Orders that are set out in the Order Confirmation.
"Terms and Conditions" means these terms and conditions of sale, the Order Confirmation, including any Special Conditions and any policy referred to herein.
"Website" means www.marilynjean.com, www.marilynjean.ca and all pages on the websites.
2. Basis of Sale
1. To submit an Order, the Buyer must register for an account with us.
2.By submitting an Order, the Buyer is bound by these Terms and Conditions.
3.These Terms and Conditions and any document referenced herein form the entire agreement between the parties for the Ordering and the purchase and sale of Goods. The parties expressly exclude any other terms, including any terms and conditions which the Buyer may purport to add to any Order or other document. To the extent that any provision in Buyer's Order or other document purports to supplement, amend or delete any provision in these Terms and Conditions, such provisions shall be deemed to be void, excluded and are not binding on the Seller.
4.Any variation of these Terms and Conditions by the Buyer will only bind the Seller if agreed in writing between authorized representatives of the Seller and the Buyer and further provided that such writing specifically references this Section of these Terms and Conditions.
5.The Seller's employees are not authorized to make any representations, warranties or conditions concerning the Goods unless confirmed by the Seller in writing. The Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Acceptance
1.Buyer may submit an Order to Seller during a Sales Event. Seller has the sole discretion to determine the beginning, duration and end of all Sales Events. Seller may terminate a Sales Event at any time, in its sole discretion.
2.All Orders are subject to acceptance by the Seller, evidenced as the Seller issuing an Order Confirmation. The Buyer's Order constitutes an offer to purchase Goods at the Purchase Price in accordance with these Terms and Conditions, and is not binding on the Seller unless and until the Seller has issued an Order Confirmation. The Buyer may cancel an Order, even if an Order Confirmation has been received, prior to the end of the Sales Event. The Buyer cannot cancel an Order for any reason after the end of the Sales Event.
3.The Seller reserves the right to reject the Buyer's Order in whole or in part without any liability to the Buyer, for any reason or for no reason, as determined by the Seller in its discretion, including if the Goods are unavailable due to unforeseen circumstances (including Orders exceeding reasonably anticipated demand), or are in imperfect condition at the expected time of shipment.
4.The Seller may reject or cancel an Order for which an Order Confirmation has been issued for the following reasons:
1.The advertised price and/or Purchase Price on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by the Seller from any person, including the Buyer or for any other reason;
2.Orders received by the Seller for a particular Good exceed the Seller's reasonably anticipated demand;
3.The description of the Goods on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by the Seller from any person or for any other reason. All content on the Website, including any descriptions, specifications, drawings or prices of the Goods, is published for guidance only. The Buyer acknowledges that such information is provided to the Seller by third party manufacturers and that the Seller is not liable for mistakes in such information. Seller's sole remedy in such event is to return the Goods in accordance with the return procedure set out below.
5.In the event of a rejection or cancellation as set out in Sections 3.3 or 3.4, the Seller has no liability or obligation to the Buyer whatsoever, including any obligation to source an alternate supplier of the Goods, find a replacement Good, and/or pay any consideration to the Buyer
6.The Seller may make minor modifications / substitutions in the design and specification of the Goods at any time without notice to the Buyer, even if an Order Confirmation has been issued. In the case of material modifications to the Goods, the Seller shall notify the Buyer of such material modifications. The Buyer may accept or reject the Good as modified within 24 hours of the email being sent by the Seller. If the Seller has not received a response from the Buyer within this time period, the Seller will refund the Purchase Price as per the original payment method(s) and cancel the Order, even if an Order Confirmation has previously been issued.
4. Advertised Price, Payment, Currency and Shipping
1.All advertised prices shown on the Website are exclusive of applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling. Any such fees and charges that are charged to or collected by the Seller are added to the advertised price, as shown in the Order Confirmation and are the responsibility of the Buyer.
2.The Goods may not be shipped outside of Canada.
3.The Buyer will pay the Purchase Price in accordance with the procedures set out in the Seller's website.
4.Payment is made by credit card, or Paypal. The Seller will charge the Buyer's credit card or Paypal account immediately upon acceptance of the Order and issuance of the Order Confirmation.
5.The Buyer may redeem any existing credit on the Buyer's account towards the price of the Good, but not any applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling, provided that credits for Goods previously returned by the Buyer and accepted by the Seller may be applied towards the cost of freight, shipping and handling. All credits must be redeemed prior to the Buyer submitting the Order.
6.All prices shown are Canadian dollars.
1.The place for delivery of the Goods will be set out on the Order Confirmation.
2.Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
3.In the event that the quantity of Goods delivered is less than the quantity of Goods as indicated on the accompanying invoice or bill of lading, the Buyer shall accept the Goods delivered, shall note the shortage on the carrier's bill of lading, if possible, and shall notify the Seller of the shortage as set out in Section 5.5. For clarity, the Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an Order. The Buyer shall pay for such delivered Goods as if it was a delivery of an Order in instalments (see Section 5.5).
4.If the Goods are alleged to be damaged on delivery, a description of the alleged damage or Fault must be given in writing to the carrier at the time of delivery, if the alleged damage or Fault is obvious upon receipt. The Buyer must notify the Seller of the damage as set out Section 5.5.
5.The Buyer must notify the Seller of any short delivery or Goods damaged in delivery, in writing, within three days of delivery. If the Buyer fails to do so within this time, the Goods are deemed to be delivered in good condition and in the quantities set out on the invoice and/or bill of lading. In each case, the notification must include the invoice number, Order Confirmation number, delivery note number and details of the claim. In the case of a valid claim for damaged Goods, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Purchase Price (or an appropriate proportion of the Purchase Price) exclusive of import/export or customs duties, tariffs, charges and/or other charges, as per the Buyer's original method(s) of Purchase. Damaged Goods must be returned to the Seller. In the case of a short shipment, other than a shipment that has been partially cancelled pursuant to Section 3.4, the Seller shall deliver the outstanding portion of the Order. In either case, the Seller will thereafter have no further liability to the Buyer for the short shipment or damaged Goods.
6.The Seller reserves the right to make delivery of the Goods by instalments, without notice to the Buyer.
7.If the Buyer fails to take delivery of the Goods, the Seller may pursue any remedy legally available, including either or both of the following:
1.The Seller may store the Goods until actual delivery is effected and charge the Buyer for the cost (including insurance) of storage, together with any other reasonable incidental costs; and/or
2.sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Purchase Price.
8.The Buyer must advise the Seller in advance, in writing, of any requested alteration, cancellation or deferral of delivery, which the Seller may accept or reject at its discretion. The Seller reserves the right to make a charge (which will not normally be less than 20% of the cost of the Good altered, deferred or cancelled).
9.Goods may not be returned to the Seller.
6. Risk and Property
1.Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the address set out in the Order Confirmation.
2.In the case where no signature or other proof of receipt is required by the carrier (all Orders under $200), all such Orders reported as delivered by the carrier shall be deemed to be delivered to and received by the Buyer. The Seller is not responsible for any lost or stolen Orders; the Buyer is solely responsible for selecting a secure delivery location.
3.In the case where a signature or other proof of receipt is required by the carrier upon delivery (required for all Orders over $200), any signature on that document, or other proof of receipt, will constitute conclusive evidence of delivery of the Order to the Buyer.
7. Product Returns
All sales shall be final and there shall be no returns.
8. Procedure for Returned Goods
All sales are final and there shall be no returns.
Seller makes no warranties applicable to the Goods. The only express warranties that apply to the Goods are those issued by the respective manufacturer, if applicable. Such warranties, if applicable, are exclusive and to the maximum extent permitted by law, the Seller expressly excludes all other warranties, representations, guarantees or conditions of any kind, including any statutory, oral, written, express or implied, and any implied warranty of merchantability or fitness for a particular or general purpose.
10. Limitation of Liability
1.Except as provided in Section 10.2, the Seller, its agents, employees, subcontractors and suppliers will not be liable to the Buyer for any indirect, incidental, special or consequential loss or damage, any loss of profit, loss of opportunity or revenue, or other claims for compensation whatsoever directly or indirectly arising out of or in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Goods or their use by the Buyer. Nothing in this Section 10.1 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence.
2.The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Goods or their use by the Buyer, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the Purchase Price (excluding applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling) for such Goods. Such amount shall be the Buyer's sole remedy, and the Seller's sole liability for such matters.
3.This limitation of liability shall prevail over any conflicting or inconsistent provision contained in any provision of these Terms and Conditions.
1.Any notice given or made under these Terms and Conditions will be in writing and delivered pursuant to Section 11.2 below.
2.A notice will be deemed to have been duly given or made as follows:
1.if sent by personal delivery, including a nationally recognized courier (signature required upon receipt), upon delivery at the address of the receiving party;
2.if sent by mail, five clear business days after the date of posting; or
3.if sent by email, 24 hours after mailing.
The foregoing time periods do not apply to emails sent by the Seller pursuant to Section 3.6 above, which notices shall be deemed to have been received immediately upon delivery. A "business day" means a day, other than a Saturday or a Sunday, during which the main branch in downtown Vancouver of the TD Canada Trust Bank is open for business during normal operating hours.
3.For the purpose of these Terms and Conditions, notices will be given to the Seller at its address set out in Section 1, for the attention of the Company Secretary. Notices will be given to the Buyer at the address to which the Goods have been delivered.
4.The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address in accordance with this section. This notification will only be effective on:
1.the date specified as the date on which the change is to take place; or
2.if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
12. Governing Law and Jurisdiction
1.To the extent permitted by law and except if restricted or prohibited by law, these Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without giving effect to the choice of laws provision thereof.
2.The parties expressly exclude the operation of the United Nations Convention on Contracts for the International Sale of Goods.
3.These Terms and Conditions apply to the extent permitted by law and unless restricted or prohibited by law. The Buyer may have additional rights in its local jurisdiction that these Terms and Conditions cannot change. If any term or provision in the agreement is found to be void or unenforceable, including for reasons of being against public policy, by a court of competent jurisdiction, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified (including if the court elects not to do so for any reason), then the same shall be deemed deleted in its entirety, and the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
4.NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE TO DENY OR LIMIT ANY RIGHTS OF, OR THE SELLER'S LIABILITY TO, ANY BUYER WHO IS A CONSUMER AS DEFINED PURSUANT ANY APPLICABLE LEGISLATION IN THE BUYER'S LOCAL JURISDICTION, WHICH RIGHTS SUCH BUYER MAY HAVE AT LAW. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY SUCH RIGHTS, THE LATTER SHALL PREVAIL IN FAVOR OF THE BUYER.
13. Intellectual Property
The MarilynJean’s logo, name, and other marks indicated on the Website are trade-marks and/or registered trade-marks of MarilynJean in Canada, the United States and/or other jurisdictions. MarilynJean's graphics, logos, page headers, button icons, scripts and service names are the trade-marks or trade dress of MarilynJean. MarilynJean's trade-marks and trade dress may not be used in connection with any product or service that is not MarilynJean's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MarilynJean. All other trade-marks not owned by MarilynJean that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarilynJean.
14. The Buyer is the end user of goods
The Buyer agrees that all purchases are for personal use and will not be resold to other persons for any reason whatsoever.
1. No Waiver. If the Seller does not exercise a right or power when it is able to do so, this will not prevent it from later exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner. The Seller's rights and remedies are additional to and not in derogation of, any other rights and remedies it may have at law.
2. Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms and Conditions.
3. English Language. The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue anglaise.
MarilynJean and its affiliates reserve the right to send you communications electronically either via email or via site postings. You agree that all notices, agreements, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Should the user wish to stop receiving communications from the Seller, he may opt out at any time by clicking on the opt out link inside any one of our emails.