Terms and Conditions for Use of Website
These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to the use by you of the website (the “Site”) of Desperadoz Clothing & Apparel Co. (www.desperadozcohip.ca). Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) may change these Terms and Conditions from time to time, at their sole discretion, so we encourage you to check for updates when you visit this Site. By using this Site you are agreeing to these Terms and Conditions.
Use of the Site is restricted to your personal use and to make online purchases from Desperadoz Clothing & Apparel Co. (www.desperadozco.ca). You shall not use this Site for any other purpose. These Terms and Conditions will continue as an agreement between you and Desperadoz Clothing & Apparel Co.(www.desperadozco.ca) until terminated by us, which we may do for any reason without notice to you. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in these Terms and Conditions will survive the termination of this agreement.
You agree not to introduce into or through this Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) owns (or has the right to use) all content on this Site and all intellectual property rights therein, and all such content is protected under copyright law. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing with the prior written consent of Desperadoz Clothing & Apparel Co. (www.desperadozco.ca), is strictly prohibited.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Desperadoz Clothing & Apparel Co. (desperadozco.ca) SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SITE (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SITE) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL Desperadoz Clothing & Apparel Co. (www.desperadozco.ca), EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS OR CONTENT ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
By using the Site, you agree to indemnify and hold Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with your use of the Site, including but not limited to any violation by you of the Terms and Conditions, any law or the rights of any third party.
We do not use this Site to disseminate spam. E-mail messages sent in connection with this Site will contain an “unsubscribe” or “opt-out” link. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You shall not use this Site to disseminate spam.
Our links to other sites
This Site is controlled and operated by Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) from Winnipeg, Manitoba, Canada. You agree that your use of the Site is governed by the laws of the Province of Manitoba, Canada without giving effect to any principles of conflict of law. You agree that 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 Site, any use of this Site 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 clause shall be brought exclusively in a court of competent jurisdiction in Manitoba, Canada.
We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials or content on the Site are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location other than Canada or the United States of America you do so of your own volition and you are solely responsible for complying with any applicable local laws. If any part of these Terms and Conditions are invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. Any injunction, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information.
Terms and Conditions of Purchase and Sale
These Terms and Conditions of Purchase and Sale (“Agreement”) sets forth the terms and conditions that apply to the purchase of products, content and/or services (the “Products”) from Desperadoz Clothing & Apparel Co. (www.desperadozco.ca). Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) may change these terms and conditions from time to time, so we encourage you to review it periodically and to check for updates each time you make a purchase or are shopping on-line.
The terms “you” and “your” refer to the purchaser of Products using the Site.
PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS SITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A GOVERNING LAW AND INJUNCTIVE RELIEF CLAUSE.
AS FURTHER DISCUSSED BELOW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS SITE AND Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) LIABILITY IS LIMITED AS PROVIDED HEREIN.
Desperadoz Clothing & Apparel Co. (www.desperadozco.ca) sells and ships its merchandise ordered through this Site only within Canada. We will only ship to a Canadian adresses.
We reserve the right to refuse an order if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions.
PRICE, PAYMENT AND SHIPPING
All prices quoted are payable in Canadian Dollars. Taxes and shipping are extra depending on the delivery address and are displayed during check-out and in the Order Confirmation
Although Desperadoz Clothing & Apparel Co. (desperadozco.ca) strives to provide accurate product and pricing information, errors may occur. Desperadoz Clothing & Apparel Co. (desperadozco.ca) 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. Desperadoz Clothing & Apparel Co. (desperadozco.ca) cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of the provisions above, in the event that the price or related information for a Product (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Desperadoz Clothing & Apparel Co. (desperadozco.ca) may, at its sole discretion, refuse or cancel the order. If there is such an error in pricing, Desperadoz Clothing & Apparel Co. (desperadozco.ca) 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.
Desperadoz Clothing & Apparel Co. (desperadozco.ca) accepts MasterCard, Visa, American Express and PayPal for payment of purchases made through this Site. The cardholder must be the person who places the order.
When we receive your order, we will verify your billing address to ensure that it matches the address which you have provided to us. Desperadoz Clothing & Apparel Co. (desperadozco.ca) does not retain your credit card number following authorization by the financial institution issuing the credit card. We do retain the authorization number for the transaction in case you wish to return the purchase for a credit.
Credit Card Security
We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted to us.
SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet. Please see the disclaimer below. Additionally, while we implement the above security measures on this site, you should be aware that 100% security is not always possible.
You can track where your order is by visiting the Canada Post website. Use your order number (Canada Post calls it a reference number) to track your order, a tracking number is not necessary.
The cost of shipping your package will be determined by the pre-tax, post-discount value of your order. Please refer to the shipping grid below for shipping rates. The times listed do not include processing times, our goal is to ship all orders on the next regular business day (Monday-Friday), excluding holidays, however during peak periods (Christmas, Back to School, etc...) this timeline may vary.
*Orders shipped to addresses in Northern Regions (Nunavut, Yukon, Northwest Territories) and Remote Centres will take slightly longer.
All shipments will be sent via Canada Post. Signature is not required on Standard Shipments. We ship to all provinces and territories. Shipping address must be a valid Canadian address. Unless stated otherwise, free shipping covers the cost of Standard Ground Delivery in Canada only. Alternative shipping options are available at additional costs.
CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Desperadoz Clothing & Apparel Co. (desperadozco.ca) over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by Desperadoz Clothing & Apparel Co. (desperadozco.ca) as indicated below) 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.
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Desperadoz Clothing & Apparel Co. (desperadozco.ca) may revise or cease to make available any Products at any time without prior notice. In the event that Desperadoz Clothing & Apparel Co. (desperadozco.ca) is unable to deliver you a Product ordered due to lack of availability, Desperadoz Clothing & Apparel Co. (desperadozco.ca) will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Desperadoz Clothing & Apparel Co. (desperadozco.ca) 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.
OWNERSHIP; RISK OF LOSS
All Product(s) purchased from Desperadoz Clothing & Apparel Co. (desperadozco.ca) are delivered to you by a third party delivery company such as Canada Post and are 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 Desperadoz Clothing & Apparel Co. (desperadozco.ca) of the Product(s) to the third party delivery company. The shipment of such Products shall be governed by the third party delivery company’s shipping terms and conditions and any insurance that such company may have in respect of such shipment. Desperadoz Clothing & Apparel Co. (desperadozco.ca) tickets attached, accompanied by the original receipt (packing slip).
- Shipping charges are not refundable.
- Customer is responsible for shipping fees incurred in the refund process.
- Damaged items cannot be returned to the store, this return must be made to the website.
Email us with the reason you wish to return the item(s). We will review your request and once it's been approved, instructions will be emailed to you on how to return your item via Canada Post. The customer is responsible for all shipping costs.
PERSONAL INFORMATION AND CREDIT CARD INFORMATION
PRIVACY AND COOKIES
Desperadoz Clothing & Apparel Co. (desperadozco.ca) respects your right to personal privacy
why we collect your personal information;
- the information that is collected by Desperadoz Clothing & Apparel Co. (desperadozco.ca);
- how we use and store your information;
- how we may share your information; and
- how you may contact Desperadoz Clothing & Apparel Co. (desperadozco.ca).
Unsolicited Emails and Telephone Calls
Please do not share/send personal information (and particularly financial/credit card information) in response to any unsolicited e-mail or phone call that appears to come from Desperadoz Clothing & Apparel Co. (desperadozco.ca) or its affiliated companies or brands. We will not contact you and ask for such information; such information is only submitted when completing an order.
Why do we collect your personal information?
Information about you
- your name, address (including postal/zip code) and phone number;
- your date of birth;
- your e-mail address;
- your IP address;
- photographs or videos of you;
- your credit card and other financial information;
- your resume;
- proof of your identity; and
- any other information that you may voluntarily provide through the Site or other means, including through Facebook, Twitter, Youtube, Flickr, Tumblr, Vimeo, Pinterest, Instagram, any sort of mobile communications device or any other social media
We may also receive information about you from other sources in compliance with applicable privacy legislation, such as updated address information, financial and credit history information in connection with payment processing, or previous employment related information. This information may help us to improve our ability to service your needs such as ensuring the accurate delivery of mailed materials.
Cookies and other digital markers
When you visit or interact with us, we and our third party service providers may use technologies that automatically collect information about how you access, navigate and leave our Site. For example, we will collect information on what other website you came to before visiting the Site, what browser type and operating system you are using, the internet protocol (IP) address you are accessing the Site from, the pages you are navigating through and what website you go to after visiting our Site. In general, we do not associate this type of information with personal information about you except in the case of an investigation into our website security.
compiling reports on website activity for website operators and providing other services relating to Site activity and internet usage.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
The personal information that Desperadoz Clothing & Apparel Co. (desperadozco.ca) collects is used to provide you with an enjoyable and increasingly personalized shopping experience. We may use the information to:
- process and fulfill your order and complete your transaction, when you make a purchase;
- provide you with important product information;
- deliver merchandise that you purchase online;
- register you online;
- facilitate payment for your purchases;
- confirm your orders and delivery information;
- respond to your customer service inquiries or requests;
- determine your preferences and interests to improve the quality of our services;
- provide you with information about special offers, events and contests;
- provide you with advance notice of new arrivals, promotions and store openings;
- process any product returns;
- help us identify and address any problems with our Site or services;
- protect the security and integrity of our Site, our stores and our business;
- enable us to address our risk management and related purposes; and
- fulfill other purposes for which West 49/Amnesia has obtained your consent.
We will also use the information we collect from you to improve the quality of our services in-store and on-line and to enhance the quality of the experience that you have when visiting us in our stores and on-line.
Newsletter, Memberships and Promotional Material
If you decide to subscribe to our newsletter we will use your personal information to send you certain correspondence, whether electronically or via direct mail, including but not limited to surveys, promotional information and offers, upcoming in-store or online sales, product information and contests.
We also may use your date of birth and postal/zip code for promotional purposes. For example, we may send you special offers on or around your birthday or information about a new store opening in your area. In addition, we may use your IP address to determine your geographical location, in order to customize the promotional material we may send to you from time to time.
When you provide us with personal information in connection with a contest, we will use that information in connection with the administration of contests and other purposes disclosed in the contest entry rules. We may disclose your personal information to third party contest administrators or other sponsors of those contests, as well as applicable regulators, if required. Each contest has its own separate terms and conditions relating to the collection, use, storage and disclosure of your personal information, so please read those terms and conditions carefully when entering any contest run by Desperadoz Clothing & Apparel Co. (desperadozco.ca).
Your personal information will be kept confidential. It is stored and processed on computers located in Canada and maintained by our third-party service providers. Your personal information will be subject to the laws of those jurisdictions, including laws that allow for law enforcement access. These laws may be different from the laws of the jurisdiction in which you reside. We use administrative, procedural and technical safeguards to protect your information against loss or theft as well as against unauthorized access or disclosure in order to protect your privacy. These protections include firewalls and encryption. We use Secure Sockets Layer (SSL) technology to protect the security of your credit card information as it is transmitted to us. SSL is the industry standard for secure online commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including your credit card number, name and address.
While we use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit using the Internet, third party digital networks, websites, mobile devices, the Site or any social media platform.
We cannot be responsible for Internet fraud or theft. Please keep this in mind when providing information through the Site.
How long do we retain your Personal Information?
Desperadoz Clothing & Apparel Co. (desperadozco.ca) retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purposes(s) remains valid after any termination of our relationship with you.
When you make a purchase online through our Site, we will not retain your credit card information after the purchase has been authorized by the appropriate financial institution. Desperadoz Clothing & Apparel Co. (desperadozco.ca) does retain the authorization number provided at the time of authorization in order to deal with credit which might be requested in the event that the purchased item is returned.
If you visit a store that is monitored by video security, we may temporarily capture your image for security purposes. Security recordings are only reviewed in the event of an incident and are overwritten after a reasonable period of time.
Our links to other sites
In addition, our Site may include content (including through social media platforms or applications) that is streamed by our Site but hosted or made available by third parties.Desperadoz Clothing & Apparel Co. (desperadozco.ca) IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH HOW SUCH THIRD PARTIES COLLECT, STORE, USE OR DISCLOSE YOUR PERSONAL INFORMATION. If you choose to view such streamed content, you should review the privacy policies that govern such content.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT,Desperadoz Clothing & Apparel Co. (desperadozco.ca) DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL Desperadoz Clothing & Apparel Co. (desperadozco.ca) BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY Desperadoz Clothing & Apparel Co. (desperadozco.ca) OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF Desperadoz Clothing & Apparel Co. (desperadozco.ca) OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL Desperadoz Clothing & Apparel Co. (desperadozco.ca)'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL Desperadoz Clothing & Apparel Co. (desperadozco.ca) BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, Desperadoz Clothing & Apparel Co. (desperadozco.ca)’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF Desperadoz Clothing & Apparel Co. (desperadozco.ca)
Contacting Desperadoz Clothing & Apparel Co. (desperadozco.ca)