TERMS & CONDITIONS ONLINE SALES

MAKEWAY INC.

TERMS AND CONDITIONS FOR ONLINE SALES

LAST UPDATED: November 23, 2020

1. Overview. Hi there! Welcome to Makeway, a Sneakers + Streetwear + Things Boutique, by womxn, for womxn ™.  At Makeway,  we believe that the best relationships are clearly defined so that everyone knows what they are getting into, and what they are getting out of it. To that end we have created the terms of use below to set out the nature of our relationship with respect to you using our site and mobile apps, to purchase our products and services.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. 

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: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.shopmakeway.co. mobile apps, and (the "Site"). These Terms are subject to change by Makeway Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on this Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Site Terms and Conditions of Use that apply generally to the use of our Site: here. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site (see 9).

 

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms.

(a) All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

(b) Payment must be received by us before our acceptance of an order. We accept payment by credit card for all purchases made through our Site. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. ALL CREDIT CARD PAYMENTS MADE FOR PRODUCTS DESIGNATED AS NON-RETURNABLE/NON-REFUNDABLE/FINAL SALE ON OUR SITE ARE FULLY NON-REFUNDABLE AND YOU HEREBY AGREE NOT TO ISSUE ANY CREDIT CARD CHARGEBACKS OR DISPUTES FOR SUCH PRODUCTS OR SERVICES.

(c) All of our payments for products and services are currently processed through Shopify Payments (“Shopify”), and where applicable in relation to your purchase, we are bound by Shopify’s terms of service with respect to the acceptance and processing of your payments for products and services which can be found here: https://www.shopify.com/legal/terms 

4. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier and/or shipping agent. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments and/or items stolen during or at the point of delivery.

5. Returns and Refunds. Except for any products designated on the Site as non-returnable and/or non-refundable/final sale, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) business days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must e-mail us at  hi@shopmakeway.co and provide us with your a) name; b) order number; c)email address d) phone number e) item(s) you wish to return f) confirmation your item is in its original condition; and g) stated reason for return.  You must receive a confirmation from us by email authorizing your return before you ship your product to us for return. No returns of any type will be accepted without an email from us confirming your return.

You are responsible for all shipping and handling charges on returned items. 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 seven (7) 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. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE/NON-REFUNDABLE/OR FINAL SALE/OR WHICH ARE NOT RETURNED IN THEIR ORIGINAL CONDITION.

6. Manufacturer's Warranty and Disclaimers

(a) We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(d) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.

7. Limitation of Liability.  

(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) 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 AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
(c) The limitation of liability set forth in Section 7(b) shall not apply to (i) liability resulting from our gross negligence or wilful misconduct, and (ii) death or bodily injury resulting from our acts or omissions.

8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.

9. Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, here, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics including but not limited to the global COVID-19 pandemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule.

12. Choice of Forum. Any action or proceeding arising out of or based upon these Terms, the Site Terms and Conditions of Use, and the Site Privacy Policy and all transactions contemplated hereby will only be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Makeway Inc. 

15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

16. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by e-mail communication to hi@shopmakeway.co with confirmation of receipt by us; or (ii) by personal delivery, overnight courier or registered or certified mail to 28 Bathurst Street Unit 2-101, Toronto, Ontario, M5V 0C6, Canada We may update the facsimile number or address for notices to us by posting a notice on this Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18. Entire Agreement. Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.