Last updated: September 2020
Terms and Conditions for the Online Sale of Goods
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DAVINES NORTH AMERICA, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products through https://ca.davines.com/ (the "Site"). These Terms are subject to change by Davines North America, Inc. (referred to as “Davines”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced above. You should review these Terms prior to purchasing any product that is available through the Site. Your continued use of the Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
You are responsible for all shipping and handling charges for the return of the products, unless otherwise specified or agreed by us in writing. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site subject to processing times of the respective bank institution. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE THAT GAVE RISE TO THE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
We offer certain products on our Site for subscription. When you create a subscription, we will send you the product under subscription on a recurring basis at the frequency you selected. To the extent they do not contradict with the terms hereof, our terms and conditions of sale accessible here (the “Terms and Conditions”) apply to all orders. These terms are incorporated in our Terms and Conditions by reference and form an integral part of our agreement with you. Capitalized terms used in these terms but not defined have the meaning assigned to them in our Terms and Conditions.
Below are more details on the terms of our subscription program:
Eligible Products; Sign Up
If a product is included in our subscription program, you will find a “subscribe” option on the respective product page. You can choose to subscribe to a certain product and select the frequency on the product page. At checkout, you may change the selected frequency prior to payment. Once you created your subscription, you will receive an email confirmation sent to the email address you provided to us when you created your account at our Site. This email will include a link to your account where you can manage future orders and change your account information. You can make changes to your subscription account information at any time by logging on to your account.
Subscriptions are good only while supplies last. There is no minimum term of subscription and no minimum purchase obligation.
We will charge you such price of the product under subscription, in effect on the day we process the recurring order plus the applicable sales tax. We reserve the right to change the prices of our products at any time. Should this situation arise, we will notify you in writing no less than 30 days preceding the price change and provide you with the new terms and the date they are coming into force. Please refer to the “Changes to Terms of Subscription Program” section below for further details.You hereby authorize us to charge the balance of every recurring order to the credit card or other payment method (e.g., PayPal, Klarna, Amazon Pay) you selected to create your subscription. You must provide and at all times maintain accurate, complete, and current billing information, including your postal/zip code, credit card number, and credit card expiration date.You will only be billed on the day we ship your order. If your credit card or other selected payment method is declined, we will notify you via email. We will retry the credit card or such other payment method after six (6) days and if the payment is unsuccessful after such second attempt, we will then cancel the order. You can change the payment method at any time by logging into your account. If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you are responsible for that fee.
Your subscription remains in effect until it is cancelled either by you or us. You can view your future orders in the “My Subscription” section of your account. Your next scheduled order will be displayed. You can skip, cancel delivery of a specific recurring order, change delivery date, modify or cancel the entire subscription at any time by logging on to your account at our Site. Click on the “user” icon at the top right corner of the Site to log in to your account. Should you decide to re-activate a skipped order, cancelled order, or cancelled subscription, note that certain discretionary gifts or discounts tied to your previous subscription may no longer be available to you.
We will send an email reminder to you within three (3) days prior to the scheduled processing as indicated on such email reminder. You can make changes to, skip, or cancel the recurring order within 30 minutes prior to such scheduled shipping. If you do not change or cancel a recurring order within the period, we will ship the product to you and charge you for such order. If you skip or cancel the delivery of a specific recurring order, that specific order will not be delivered; however, you will continue to be sent and billed for all other orders in accordance with your subscription.
You will receive email notifications if the product under subscription is discontinued or out of stock. In such case, we will cancel the respective recurring order for that product. Once the product is back in stock, you will be notified and the order will process automatically. Davines also reserves the right to cancel your subscription at any time. Should this situation arise, we will notify you at least 60 daysprior the date of cancellation.
In our sole discretion, we may offer free shipping for subscription orders that meet a certain threshold. Consider bundling your orders to avail of this benefit, if such is offered by Davines. Davines reserves the right to revoke or modify this free shipping offer at any time without any liability to you. Should this situation arise, we will notify you in writing at least 30 days prior to the change in free shipping offer and provide you with the new terms and the date they are coming into force. Please refer to the “Changes to Terms of Subscription Program” section below for further details.
Discretionary Subscription Offers
Davines reserves the right to make changes to the benefits we offer for subscribers at any time without any liability to you.
Please refer to the “Return Policy” under our Terms and Conditions for more information on product returns.
You may not assign or transfer your subscription and benefits therefrom to any third party, and we will only send the products under subscription to one single address.
Changes to Terms of Subscription Program
We may, at any time and in our sole discretion, change any ofthe terms of our subscription program or cancel the program entirely. Should this situation arise, we will notify you in writing at least30 days prior to the change and provide you with the new terms of our subscription and the date of their coming into effect, if applicable.Your continued participation in the subscription program after we change the terms constitutes your acceptance of the changes.You have the right to refuse these modifications and cancel your subscription at no cost to you by notifying us in writing.If you do not agree to any of the changes, you must cancel your subscriptions.
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