PLEASE NOTE: The terms and conditions listed below are for consumer (or “individual”) customers only.
All sales made by Babes & Gents (“Seller”) to you (“Customer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by Babes & Gents in writing. In consideration of your use of and access to this Internet site and the promises Babes & Gents hereby agree as follows: Your access to and use of the Babes & Gents site is subject to these Terms, as well as any modifications issued by Babes & Gents to these Terms, and all applicable laws and regulations.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. BABES & GENTS RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions.
Changes in Terms
Babes & Gents shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Babes & Gents website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Babes & Gents website. You are responsible for reviewing (http://babesngents.com/terms-conditions/) periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Babes & Gents to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS.
Seller accepts Visa, Mastercard, American Express, Paypal.
Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Customs’ brokerage for international orders is Customer’s sole responsibility. Orders received prior to 12:00 PM (Eastern Standard Time) will be shipped by the following business day, subject to availability. Inventory will fluctuate on seasonal items. Orders are normally shipped by Canada Post, USPS, UPS or Federal Express. Seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders.
Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
When the Customer chooses “ship my items as soon as they become available” at time of checkout, and a mixture of in-stock and backordered items have been ordered, Babes & Gents will ship twice on a single order. The first shipment will consist of in-stock times available at the time the order is placed. The second shipment will not occur until all backordered line items are in stock. Freight is NOT complementary on backorder items.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED, LAUNDERED OR MODIFIED IN ANY MANNER. All damaged or incorrect items will need to be sent back to Babes & Gents for a credit.
Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. Babes & Gents reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
Promotional Codes, Coupons, Discounts
Discounts can not be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Seller is headquartered in the Province of Ontario, Canada. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the Province of Ontario (without regard to its conflicts of laws principles) and the federal laws of Canada. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Babes & Gents or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the Canadian copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Babes & Gents may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Babes & Gents or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to Hello@BabesnGents.com or by standard mail to Seller at the following address:
ATTN: Babes & Gents
204 – 440 Gloucester St.
Ottawa, ON, Canada, K1R-7T8