Terms + Conditions
Website Legal Terms and Conditions (“Terms and Conditions”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This website is owned and operated by Erinn & Peter Trebaczkiewicz, operating as The Skinny and shoptheskinny.ca (hereafter “The Skinny”). This website is provided “as is” and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, The Skinny 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. The Skinny controls this website from its offices within Alberta, Canada. You agree that (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of Alberta and the federal laws of Canada applicable to Alberta; the courts of Alberta have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws. These Terms and Conditions, constitute the entire agreement between The Skinny and you pertaining to the use of this website.
The Skinny may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.
THE CONTENT OF THIS WEBSITE
All trademarks, service marks, trade names and photography are the property of shoptheskinny.ca, The Skinny and affiliates of The Skinny. No use of these may be made without the prior written consent from shoptheskinny.ca. The logo, designs, advertisements, and photographic images described or displayed on the site are the intellectual property of shoptheskinny.ca and may not be used without written permission.
Certain other trade-marks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of or its licensors or allow any third-party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.
By using this site, you assume full necessary servicing or repairs of any equipment you use in connection with your use of this site, and that shoptheskinny.ca shall not be liable for any damages of any kind related to your use of this site
This website may contain links to other websites. All such other websites are independent from this website and from The Skinny. The Skinny has no control over and expressly disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by The Skinny. The Skinny is not responsible for webstreaming or any other form of transmission received from any third party website nor is The Skinny responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and The Skinny shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
EXCLUSION OF LIABILITY
Your use of (or inability to use) this website and the Content is at your own risk. You agree that your sole remedy in the event of any problem with your use is to cease using this website. In no event shall The Skinny or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this website or any other website linked to this website or the Content, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages. The Skinny 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. The Skinny 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.
ONLINE SHOPPING TERMS AND CONDITIONS
All orders and purchases made through this website are subject to the following.
You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.
While The Skinny takes great care to ensure it’s advertising is accurate, errors and/or inaccuracies may occur. The Skinny may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.
All prices listed on this website are subject to confirmation. The Skinny will notify you by email within 2 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an email within 2 business days of completing a purchase order, The Skinny is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price
You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted. You must be 18 years of age or older to purchase from the website. The Skinny reserves the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if The Skinny believes that customer conduct contravenes applicable law or is harmful to the interests of The Skinny or its representatives, agents, contractors, suppliers or licensees.
The Skinny will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, The Skinny will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, The Skinny will notify you as soon as possible.
If any item listed or shown for purchase through the website is no longer available in The Skinny's inventory, the website will display a warning message to alert consumers. The website will display a “Sold” message. For non-replenishable items, the website will display a “Sold” message and will be removed for purchase from the website within 7 days of the appearance of the warning message. When an item is replenishable and The Skinny expects to receive further shipments, the item will update the product description to read “coming soon” or "pre-order".
In order to protect you and The Skinny from fraudulent transactions, The Skinny 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.
If the item is not received and sent back to us by the postal service company you will be charged the actual shipping fee (not according to the above table). The price of the item will be credited once we receive the item. We will contact you to inform you when we receive the package.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of your use of this website or your breach of the Terms and Conditions.
Any suggestions, feedback, ideas or communication you provide us will help us achieve this goal. Consequently, if you are on our mailing list, we may send you optional surveys, contests or promotions. However all the non-personal information collected will be the property of shoptheskinny.ca.