TERMS AND CONDITIONS

Last revision: September 6th, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Appareliii (the “Website”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

1. INTELLECTUAL PROPERTY

   All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

2. USE OF COMPANY MATERIALS

   We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

3. ACCOUNT AND ACCOUNT USE

   If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

   a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

   b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

   c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

4. PAYMENT

   When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

   When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

   If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

   We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.

   In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

Canada

• For orders that are placed within Canada, customers will be charged federal and provincial sales taxes – these depend on the province the order is being shipped to. Canadian orders will not be subjected to any duties, import fees, or customs fees upon delivery.

United States

• Orders shipped to the US may be subject to duties, fees, and important taxes upon delivery if they exceed US$2500 in value. By placing an order with us, you acknowledge that this sale occurs outside the United States,

• and that you are importing your order for non-commercial (personal) use. You also acknowledge that you will be listed as the importer for US Customs and Border Protection purposes and that your order will be imported into the United States in accordance with the necessary customs requirements. To simplify this process, your order indicates your agreement to authorize Appareliii to appoint a designated carrier/customs broker, where applicable, as your unpaid agent for customs purposes by executing a power of attorney applicable to a single noncommercial shipment. Your order serves as an electronic signature indicating your agreement to the following, as required by US Customs and Border Protection: “The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.” Your authorization permits the carrier/customs broker to file the customs entry on your behalf for any order that is over US$2500, or otherwise requires formal entry.

International

• International orders may be subject to duties, fees, and important taxes upon delivery. Customs policies vary widely from country to country and are unfortunately beyond our control. Since duties and taxes are not included in the final price at check out, your order will be shipped DDU (Delivered Duty Unpaid). As such, your order may incur duties, fees and import taxes upon delivery. This charge is determined by your local customs authority and payment of these fees is obligatory if you wish to obtain your shipment. For further information, please consult your local customs office. By placing an order with Appareliii, you acknowledge that you understand this and that you are responsible for any such charges. This charge is ultimately determined by your local customs authority. Payment of these is necessary to release your order from customs. For more information, please consult your local customs office. If you refuse to pay these charges upon delivery, your order will be returned to Appareliii and your account will be credited less any shipping and import fees associated with the return.

5.  SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

 

6.  APPARELIII RETURN POLICY

We hope you love everything that you order from us, but don’t worry if something isn’t quite right. Appareliii wants to ensure your complete satisfaction. All items are quality controlled and checked for faults before they are shipped to customers. We reserve the right, at our sole discretion, to change or modify our exchange policy at any time.

We will gladly accept returning items for store credit. Your store credit will be issued for the full value of your returned garment(s) and any taxes associated, excluding original shipping fees in USD/CAD and will not expire.

Returned items that deem respectful of our Return Policy will be eligible for a store credit only. No refunds or exceptions.

Final Sale items are not eligible for return.

How does your Return Policy work?

Return shipping is the responsibility of the customer. All returned products must be shipped using a trackable shipping service and/or purchasing shipping insurance as well as covering the cost of any duty fees. We do not guarantee that we will receive your item.

To return one or more items from an order, all of the following conditions must be met:

– The return must be requested within 7 calendar days of the delivery date.

– The item must be in its original, unused, unaltered and unwashed condition.

– The item must be returned with the original tags still attached to the garment(s) and packaging in their original condition.

– Be mindful of deodorant, makeup or perfume that may rub off, and beware of jewelry that may catch or tear fabric. Any garments with visible stains or odours will not qualify for a return.

– Original shipping fees are not eligible to be refunded for a store credit upon your return.

– Appareliii reserves the right to refuse the return of any merchandise that does not meet the above criteria. In such instances, the product(s) will be sent back to the customer at the customer’s expense.

You have 7 calendar days upon receipt of your order to submit a return request for your item(s) for a store credit. Once you open your return request, you have 7 calendar days to send your item(s) back to us.

1. Contact the Appareliii Customer Support team at cs@appareliii.comto initiate a return with the reason for your return.
2. Once Appareliii receives your return, please allow 2-3 business days to process the return and evaluate the condition of the garment.
3. You will receive an email notification that your item has been accepted for a return with details for your store credit.
4. Should your item not be deemed acceptable for a return, it will be sent back to the original address at your own expense.

Below is our shipping address for returns:

Appareliii

18 King Street East, Suite 1400

Toronto, ON M5C 1C4 Canada

cs@appareliii.com

 

International Customers

International orders are subject to customs. Any duties associated with international order returns are the responsibility of the sender (customer). Appareliii has the right to refuse any international packages with international duty fees payable to the receiver.

Exchanges

Appareliii does not offer direct exchanges. We ask that you return the merchandise for a store credit (excluding original shipping fees) and place a new order for the preferred item(s) at your earliest convenience.

Refunds

Appareliii does not offer refunds to the original payment methods. Returned items are only eligible for a store credit (excluding original shipping fees).

Frequent Returns

We offer a lenient return policy to provide customers with an easy and convenient shopping experience. If you are experiencing sizing issues, please contact our Customer Care team.

Frequent returns made from the same account will automatically be flagged in our system. If we notice that our return policy is being abused, we may take action in the form of blocking an account and/or cancelling future orders.

Missing or Stolen Packages marked “Delivered”

The customer bears all risks of loss and damage to the merchandise purchased from the time the merchandise has been cleared by the Appareliii fulfilment centre. Delivery is deemed complete and title to the merchandise passes to the customer upon acceptance of the shipment by the common carrier (UPS, FedEx, DHL).

Missing orders that are marked “delivered” by the courier (UPS, FedEx, DHL) shall be escalated to the customer to the appropriate courier party’s customer service. Appareliii bears  no responsibility of the shipment once it leaves the warehouse.

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.  For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as the customer or a third party indicated by the customer’s signature release or hereinafter instructions acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by the customer.

The products shall be under the customer’s responsibility from the moment of delivery to the customer as outlined above. The customer will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery, if that were to take place at a later time.

Orders marked as “delivered” and “left at front door”, “driver release”, or other pre-emptive instructions provided by the customer to the delivery courier, is the responsibility of the customer at the time the order passes the payment process as mentioned above.

 

7.  REFUSAL OF SHIPMENT

If an order is refused upon delivery, your order will be returned to Appareliii and your account will be credited less any shipping and import fees associated with the return.

For any questions, concerns, you agree to contact us in a timely manner at the following:

cs@appareliii.com

 

8.  ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Appareliii.

You further agree not to use and/or access the Website:

• a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
• b) To violate any intellectual property rights of us or any third party;
• c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
• d) To perpetrate any fraud;
• e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
• f) To publish or distribute any obscene or defamatory material;
• g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
• h) To unlawfully gather information about others.

9.  PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

 

10.  REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

• a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
• b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

11.  DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

12.  INDEMNIFICATION

You defend and indemnify Appareliii and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.

13.  SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

14.  THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

15.  VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

16.  SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

17.  TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

18.  NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

19.  PRIVACY

In addition to these Terms and Conditions, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information, you may refer to our Privacy Policy, which you may find at the following address: https://appareliii.com/privacy-policy/.

By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.

20.  LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Appareliii arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Appareliii in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.