1.1. Location of Site Operation KeepItSample.ca operates the Site from its offices located in Canada. KeepItSample.ca makes no representation to the effect that the elements of the Site may be used in other locations than Canada and it is forbidden to access the Site from territories where the legislation prescribes that the content or use of Site is illegal. Those choosing to use the Site do so on their own initiative, and it is their responsibility to conform to all applicable local laws. The contract and any claim related to the Site and the elements it contains, or arising from the use of the Site, are governed by the applicable laws in the territory of the Province of Quebec. 1.2. Restrictions related to Use Except as specified in one or another section of the Site, no element of the Site may be copied, reproduced, distributed, published, translated, downloaded, transferred, displayed or transmitted by any means, including portions of them, without prior written permission of KeepItSample.ca or the owner of the copyright. You are permitted to display or download Site elements, but only for non-commercial purposes and only as long as you do not modify these elements and you retain all copyright and other proprietary notices that they contain. KeepItSample.ca reserves complete title and full intellectual property rights in any material that you may copy electronically or print from the Site. 1.3. Proprietary Rights & Trademarks The trademarks, designations, logos, slogans, trade names as well as other names, words, images and marks used or displayed on the Site are trademarks, registered or not, by KeepItSample.ca or third parties and are the properties of their respective owners. Nothing in the Site may be interpreted so as to grant, directly or indirectly, the use of the trademarks, designations, logos, slogans, trade names as well as other names, words, images and marks reproduced on the Site without the prior written permission of their owner. All content of the Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by KeepItSample.ca or by third parties who have granted usage rights to KeepItSample.ca. All such rights are expressly reserved. 1.4. Prohibited or unlawful use You warrant to KeepItSample.ca that you will not use the Site for any purpose that is either unlawful or prohibited by the Conditions. You agree not to use the Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of the Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. KeepItSample.ca expressly prohibits any unauthorized third party linking to KeepItSample.ca, including links to the home page or any other page leading to the KeepItSample.ca domain. At any time, and for any reason it sees fit, KeepItSample.ca reserves the right to close a user account. 1.5. Account name and password For certain activities on the Site, you are required to have an account name and a password. It is solely your responsibility to keep your account name, your account information and password secure. You must not disclose your password to anyone. KeepItSample.ca disclaims all liability arising from or related to your failure to keep your account name and password secure. 1.6. Disclaimer and Limitation of Liability The Site and its Content are provided on an "as is" basis, without warranties of any kind, express or implied. To the fullest extent possible pursuant to the applicable law, KeepItSample.ca disclaims all responsibility and provides no guarantee, including but not limited to, warranties of merchantability or fitness for a particular purpose. In addition, KeepItSample.ca makes no representation with regard to the use, downloading, validity, accuracy or reliability of the elements reproduced on the Site, or with regard to the results obtained from the use of such elements. While KeepItSample.ca tries to reasonably ensure that the Site contains no errors, KeepItSample.ca declines all responsibility with regard to any error that may be found on the Site.KeepItSample.ca reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Moreover, KeepItSample.ca, without limiting the foregoing, does not represent or warrant that the Site will be accessible without interruption or that the Site or the server that makes the Site available are free from errors, defects, design flaws or omissions or from viruses or other harmful components. KeepItSample.ca, its related companies, directors, employees, officers, affiliates, successors or assigns and other representatives or agents shall not, under any circumstances, be held responsible for any damages related, directly or indirectly, to use of the Site, 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 of use of, the Site or its Content, including, but not limited to, the loss of data, of clients or of profit resulting from use of elements of the Content, or from the inability to use these elements, even if KeepItSample.ca or its representative has been advised of the possibility of such damages. If you are dissatisfied with the Site and the Content thereon, or the Conditions, your sole and exclusive remedy is to discontinue its use. You shall save harmless KeepItSample.ca, its related companies, directors, employees, officers, affiliates, successors or assigns, partners, service providers, consultants, and other 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 brought as a result of your use of the Site. KeepItSample.ca does not warrant the accuracy, integrity or completeness of the Content provided in the Site, including any advice or other similar information obtained by you from the Company or through the Site. KeepItSample.ca does not make any representation that the content provided is applicable or appropriate for use in locations outside of Canada. This Site may contain links to other Internet sites which are provided to you for your convenience. Be advised that KeepItSample.ca is not responsible for the confidentiality practices of those sites. The statement of confidentiality applies only to this Site. Please be vigilant and prudent when leaving this Site and carefully read the statement of confidentiality of each site you visit.
2.1 Order Acceptance The receipt by e-mail of an order confirmation does not constitute automatic acceptance, by KeepItSample.ca, of such an order, or the confirmation of an offer to sell. KeepItSample.ca reserves the right, without any prior notification, to refuse service to any customer and/or limit the number of articles ordered in an order. In addition to any other rights or remedies, KeepItSample.ca may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of the Site at anytime. Verification of personal or credit card information may be required at any time by KeepItSample.ca prior to the acceptance of any order. By purchasing through the Site you agree to pay for all charges noted on the Site as payable by you. Further, KeepItSample.ca reserves the right to refuse or cancel any orders containing any error, inaccuracy, omission or any other reason KeepItSample.ca sees fit, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, KeepItSample.ca shall issue a credit to your credit card. 2.2. Payment Options We accept Visa, MasterCard and American Express credit cards as well as PayPal. Cheques, money orders and payment by debit cards are not accepted. 2.3. Price All prices shown on the Site are in Canadian dollars (CA$). Handling, transportation and delivery charges, as well as applicable sales taxes, are not included, and are payable in addition to the stated prices. Sales taxes applicable for products sold on this Site are based on the applicable combined federal and provincial sales tax rate in: Québec (5% GST and 7.5% QST); Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, NWT, Yukon, Nunavut, (5 % GST); New Brunswick, Nova Scotia, Newfoundland and Labrador, (13% HST); PEI (10% Sales Tax). No taxes are charged for deliveries made outside Canada. KeepItSample.ca reserves the right to modify the prices of products offered on the Site at any time, without any prior notice. The price payable for each product that you order is as set out with regard to each product offered on the Site. 2.4. Colour and Sizing Please note that although KeepItSample.ca attempts to display the colours of any product shown on the Site as accurately as possible, the Company cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you. For sizing of items, please refer to the size chart contained in the specification page of every item. 2.5. Return Policy With KeepItSample.ca, you can return a wide selection of goods you ordered. Articles marked with the KeepItSample.ca Return Seal, can be returned and must be received within the next 10 days following the reception of your order. Products which are not identified with the KeepItSample.ca Return Seal may not be returned. KeepItSample.ca does not accept returns after 10 days following the receipt of the order. You can return an item only if it has not been used (not worn for more than a couple of minutes) and is in mint condition. All items must be returned in their original packaging, properly protected. They must neither be damaged, dirty, washed nor dry-cleaned and they must be accompanied by their accessories (if applicable) and tagged with the original KeepItSample.ca label still in perfect condition. All original written notices and communications included in the parcel when the order was received must be sent back with the returned article. The client information (Name, Address, Order Number and Return Authorisation Number) must be clearly written on the package. To get a return authorization number, please contact us at: return@KeepItSample.ca within 48 hours from the receipt of your order. Shipping charges for any return are payable by the client. The client also assumes all risks related to the return. All returns must be addressed to: KeepItSample.ca Returns 5000 d’Iberville Street, studio 304, Montreal, Quebec, H2H 2S6 Canada 1-514-564-4455 If all the return conditions are met, and only if the return is accepted, a full refund, equal to the original selling, price will be awarded. The refund does not cover any shipping and handling costs. A refund will be awarded within 15 days from the receipt of the returned goods. An email will than be sent to the client by the Company to confirm the refund. The sale of all cosmetics, beauty products, fragrances, natural products, hosiery, socks, underwear, lingerie, swimwear, sunglasses, jewellery, watches and leather goods is final. Theses items cannot be return nor reimbursed and are specifically marked with the KeepItSample.ca Final Sale Seal. No return payable upon delivery will be accepted. 2.6. Product Availability The Site posts all products available for order except if a “sold out” or “not available” mention appears on the specification page of the product. KeepItSample.ca does not guarantee in any way the availability of products offered on the Site. If KeepItSample.ca is unable to deliver to you any of the products that you have ordered, KeepItSample.ca will advise you by e-mail, once your order has been confirmed, and you will be given a full refund of the item and its shipping and handling costs. Under no circumstances will KeepItSample.ca be responsible for any loss or damage you may suffer due to the unavailability of an item. 2.7. Product Delivery KeepItSample.ca will deliver the products ordered by you to the delivery address you indicated in your order. Delivery charges are cumulative, on a per-product, per-order basis. Please see the rate calculator, during checkout, to find out an estimate of how much delivery will be charged for your order. KeepItSample.ca will deliver as quickly as possible after acceptance of your order and receipt of the full payment for the products to be delivered to you, as per the delivery method you will have chosen on the Site. Sold products will be shipped via Canada Post. Delivery delays and costs may vary according to the delivery destination, the delivery method chosen and the availability of products on hand. Delivery delays are estimated from the moment the products leave KeepItSample.ca's place of business. You become the owner of the products you have ordered when KeepItSample.ca hands them over to the carrier. As of that moment, you assume all risks related to the products ordered, and KeepItSample.ca ceases to be liable for their loss or destruction. For any products delivered outside of Canada, you are responsible for all customs charges and brokerage fees and any other costs and taxes related to exporting outside Canada or importing into your own country. Delivery of products is subject to the rules of the delivery companies with which KeepItSample.ca does business, Canada Post, as well as the rules of any other company with which KeepItSample.ca may do business from time to time. More particularly, you are subject to the rules concerning the acknowledgement of receipt of the products in writing. If you are absent from the location where you requested KeepItSample.ca to deliver the products to you, it shall be your responsibility to recover the products according to the rules of the delivery company. No deliveries will be made to a post office box. If you have a P.O. Box as your mailing address, please submit an address other than your P.O. box as the shipping address when your order. 2.8. K.I.S. credits Invite Friends and get a $10 K.I.S credit when they place their first order. Note that the credit will be awarded only if your friend’s first order is final and not returned. You are entitled to one $10 K.I.S. credit only per friend, per order and per postal address. K.I.S. credits can be applied to a specific product or to an order after taxes, as the case may be, and are valid for one full year starting on the day they are issued. K.I.S. credits are not applicable on shipping and handling costs. A $10 K.I.S. credit has a value of CA$10 and can only be applied on the final amount of the sale. K.I.S. credits are not convertible into cash, are not transferable or exchangeable and cannot be used in conjunction with any other promotional offer not authorized on the Site. 2.9. Limited liability In the event that KeepItSample.ca is found to be liable to you, such liability shall be absolutely limited to an amount equivalent to the price you paid for the products returned, exclusive of delivery and handling costs. Notwithstanding the foregoing, nothing in this section shall be construed as limiting any right you may have as a consumer with respect to one or other of the public policy statutes that may apply to you. 2.10. Fortuitous events & Acts of God KeepItSample.ca shall not be held liable for non-performance, in whole or in part, of any of its obligations whatsoever toward you, nor for damages or losses you may suffer, if such non-performance, damages or losses result from an Act of God or a fortuitous event or from any other causes or circumstances beyond its control. 2.11. Security and Confidentiality Any information the Company collects from you will in no way be disclosed to anyone without your explicit consent. KeepItSample.ca does not keep any credit card numbers. Your credit card number will not be printed on any document and no one at KeepItSample.ca has access to it. When purchasing an item with your credit card, the transaction is made and stays between you and Beanstream group or Paypal, both renowned for there reliability in matters of online transactions. However, the Company does not warranty such reliability. All your personal information is securely transmitted to our Web site using an SSL (Secure Socket Layer) encryption key from GeoTrust. We have implemented policies, rules and technical measures to protect the personal information we have gathered against: • Unauthorized access; • Unwanted disclosure or use by third parties; • Unauthorized modifications; • Destruction or loss of information. All employees that have access to or that are involved in processing your personal information are bound by a confidentiality and non-disclosure agreement. All these controls and procedures in place guaranty that your on-line shopping experience is secure.
• Unauthorized access; • Unwanted disclosure or use by third parties; • Unauthorized modifications; • Destruction or loss of information.