TERMS & CONDITIONS
Conditions of Use
USE OF SITE & CONTENT
This website is owned by Stuart Weitzman Canada (hereinafter "Stuart Weitzman Canada") and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
The products available for sale Stuart Weitzman Canada are available ONLY IN CANADA AND THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS. Stuart Weitzman Canada and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by Stuart Weitzman Canada. However, Stuart Weitzman Canada does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. Though Stuart Weitzman Canada makes every effort to display the products, and their colours, as accurately as possible, the DISPLAYED colours will depend upon the monitor of the user, and Stuart Weitzman Canada cannot guarantee that the user's monitor will accurately portray the ACTUAL colours of the products. PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS. THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
Stuart Weitzman Canada makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Stuart Weitzman Canada does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. Stuart Weitzman Canada AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY
Stuart Weitzman Canada WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Stuart Weitzman Canada, and Stuart Weitzman Canada does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Stuart Weitzman Canada. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of Stuart Weitzman or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. Notwithstanding the foregoing, Stuart Weitzman Canada authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Stuart Weitzman Canada and its affiliates without express written consent of Stuart Weitzman Canada. You may not use any meta tags or any other "hidden text" utilizing Stuart Weitzman Canada’s name or trademarks without the express written consent of Stuart Weitzman Canada. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Stuart Weitzman Canada.
Certain areas of the Site may require registration. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to Stuart Weitzman Canada. Stuart Weitzman Canada does not knowingly collect information from children under the age of 13. Stuart Weitzman Canada and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby consent to the exchange of information and documents between you and Stuart Weitzman Canada over the Internet or by e-mail, and that this Agreement in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LINKS TO EXTERNAL SITES
Links and references to other websites are provided to you as a convenience only. Stuart Weitzman Canada has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Stuart Weitzman Canada. (To obtain permission, contact our Website administrator by submitting a Contact Us form)
Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to Stuart Weitzman Canada. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Stuart Weitzman Canada or any other person or entity.
GOVERNING LAW & JURISDICTION
This site is controlled and operated by Stuart Weitzman Canada from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This website is controlled and operated by Stuart Weitzman Canada from Montreal, Quebec, Canada. Stuart Weitzman Canada makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
DISPUTE RESOLUTION & INJUNCTIVE RELIEF
IF YOU ARE RESIDING IN THE PROVINCE OF QUEBEC OR IN THE PROVINCE OF ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS SECTION MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION DOES NOT APPLY TO YOUAND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including Schedule «A») (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out in Schedule «A» below, which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1.866.995.9956 and give us an opportunity to resolve the dispute. Similarly, before Stuart Weitzman Canada takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Stuart Weitzman Canada is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in Schedule «A».
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND Stuart Weitzman Canada BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section, Schedule A or any other provision of these terms, Stuart Weitzman Canada shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
CHANGES TO TERMS
Stuart Weitzman Canada may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Stuart Weitzman Canada with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Stuart Weitzman Canada making such amendments or modifications available to it pursuant to the terms hereof.
Stuart Weitzman Canada reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
CONDITIONS OF SALES
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. To the extent not deemed otherwise in virtue of the Quebec Consumer Protection Act, when you submit your order (by pressing the ["Confirm"] button), such order will constitute an offer from you to Stuart Weitzman Canada to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on STUART WEITZMAN CANADA until accepted by STUART WEITZMAN CANADA . STUART WEITZMAN CANADA ’s acceptance of your order is evidenced by return e-mail from STUART WEITZMAN CANADA indicating that your order has been accepted.
STUART WEITZMAN CANADA reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, STUART WEITZMAN CANADA will issue a full refund.
All prices quoted are payable in Canadian Dollars. Although STUART WEITZMAN CANADA strives to provide accurate product and pricing information, errors may occur. STUART WEITZMAN CANADA reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Stuart Weitzman Canada cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section above, in the event that the price or related information for a Product (as described on the www.StuartWeitzman.ca website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, STUART WEITZMAN CANADA may, at its sole discretion, refuse or cancel your order, whether before or after STUART WEITZMAN CANADA ’s acceptance thereof. If there is such an error in pricing, STUART WEITZMAN CANADA will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
Terms of payment shall be determined at STUART WEITZMAN CANADA ’s sole discretion. Payment shall be made by credit card. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
The availability of certain Products may be limited, and Products may not be available for immediate delivery. STUART WEITZMAN CANADA may revise or cease to make available any Products at any time without prior notice. In the event that STUART WEITZMAN CANADA is unable to deliver you a Product ordered due to lack of availability, STUART WEITZMAN CANADA will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Stuart Weitzman Canada may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY STUART WEITZMAN CANADA ARE AVAILABLE ONLY IN CANADA AND THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS.
SHIPPING & TAXES
STUART WEITZMAN CANADA will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. STUART WEITZMAN CANADA WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN CANADA. Delivery times provided by STUART WEITZMAN CANADA are estimates only. STUART WEITZMAN CANADA shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.
RISK OF LOSS
All Product(s) purchased from STUART WEITZMAN CANADA are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by STUART WEITZMAN CANADA of the Product(s) to the third party delivery company.