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Concrete Beach Online Sales Contract

The following is the terms of the agreement between Concrete Beach Clothing Co. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

  • Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
  • Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honoured by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
  • Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
  • Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
  • Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
  • Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
  • Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
  • Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
  • Refund and Return Policy. If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 30 days of receipt to the following address: 2100 Bloor St. West, Suite 6289, Toronto, Ontario M6S 5A5 CANADA. The buyer must contact a customer service representative and obtain a "product return number" to return the item(s). All returns should be accompanied by a copy of your shipping invoice, with the "product return number" written on it. If the product is found to be defective, it will be exchanged for the same product from our inventory, or for a store credit of the same value if the product is no longer available.
    Alternatively, if after receiving the order the buyer changes their mind and decide to return or exchange all or part of the order, contact customer service by phone or email the make arrangements.
    All delivery charges and the legal risks for products returned will be the buyers responsibility unless the return is due to the company not delivering the products purchased by the buyer, or has delivered to the buyer products that are damaged or defective. In this case the company will assume the delivery charges and the risks, but reserves the right to dictate to the buyer a delivery service of their choice to insure that the package is insured against loss or damage. The company reserves the right to refuse any return if the product(s) has(have) been (1) removed from the original packaging. (2) appears to be soiled, worn or used in any way. (3) Arrives in our office after the 30 day period has expired. (4) Arrives in our office without a product return number.
    This Section 9 sets forth Buyer’s sole and exclusive right to refund.
  • Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable laws of Canada and the Province of Ontario.

Questions/Contact Us:

If you have any questions, comments or concerns regarding our Online Sales Contract, please contact us at the following e-mail address, mailing address or telephone number.

cs@concretebeach.com

Customer Service
Concrete Beach Clothing Co.
2100 Bloor Street West, Suite 6289, Toronto Ontario, M6S 5A5
1-800-556-9868 9am to 5pm EST