Terms of Sale
These Terms and Conditions of Sale (“Sales Terms”) (together with our Privacy and Cookies Policy, and Terms and Conditions of Website Use) tell you information about us and the legal terms and conditions (“Terms”) on which we sell any of the Products (“Products”) listed on our website (“Site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws or regulatory requirements. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Information Abot Us And How To Contact Us
We are Jivan Collection a company registered in Canada. Our company registration number is 811312651 and our registered office is at 1255 Philips Square Suite #303, Montreal, Quebec, H3B 3 G1. (“we”, “us”, “our”).
If we have to contact you in writing we will do so by email at the email address you provided to us in your order.
You are the individual or individuals placing the order (“you”, your”). You must be 18 years or over to enter into a contract with us and by placing an order with us, you confirm that you are 18 years or over.
Our Contract With You
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site or because we cannot verify delivery or payment information you have supplied, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
We may restrict delivery to the address to which your credit or debit card is registered if we are unable to verify the delivery or payment information you have supplied.
Products May Vary Slightly From Their Images
The images of the Products on our website are for illustrative purposes only. Some Products may be shown larger than actual size to show more accurately the details of the Product. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Our Rights To Make Changes
We may make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.
Providing The Products
The costs of delivery will be as displayed to you on our website.
During the order process, we will let you know when we will provide the Products to you.
We will not be responsible if our supply of the Products is prevented or delayed by an event outside our control, but we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will inform you of any such event within 7 days and will arrange a new delivery date with you once the relevant event is over.
If no one is available at your address to take delivery, we will leave you a note informing you how to rearrange delivery.
The Product will be your responsibility from the time we deliver the Product to the delivery address you gave us.
You own the goods once we deliver the Product to the delivery address you gave us.
We will repair or replace, free of charge (including costs of re-delivery) any Products which are damaged or lost in transit where delivery is made by our carrier, but only if:
you tell us about the damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the delivery date we gave you when you placed your order in the case of loss;
you produce to us all documents relating to the lost or damaged Products and the original packaging for damaged Products.
Your Rights To End The Contract
You may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back) if:
The product you have bought is faulty or misdescribed;
We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
Supply of the Products is significantly delayed because of events outside our control;
For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. However, there is no legal right to change your mind in respect of Products which are made to your specifications or are clearly personalized.
The 14 day period starts the day after the day you, or someone you nominate receives the goods unless your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you, or someone you nominate receive the last delivery to change your mind about the goods.
Ending The Contract
To end the contract with us, please email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number.
If you end the contract for any reason after Products have been dispatched to you or you have received them, you must allow us to collect them from you. Please email us at firstname.lastname@example.org to arrange collection. If you are exercising your right to change your mind you must email us to arrange collection within 14 days of telling us you wish to end the contract.
We may end the contract for a Product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you.
Information about how to return items and how items must be packed for return is included in the original package delivered to you (“Shipping and Returns Policy”).
We inspect all returned items to check whether they are in the same condition as they were in when they were supplied.
We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price as follows:
to reflect any reduction in the value of the goods if they are not in the same condition as they were in when they were supplied; or
to reflect any loss or damage caused as a result of your failure to follow our Returns Guidelines.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we collect the goods.
If There Is A Problem With The Product
If you have any questions or complaints about the Product, please email us at email@example.com.
Nothing in these terms will affect your legal rights.
Price And Payment
The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order.
You will be billed in Canadian Dollars and if you purchase from outside Canada, factors such as currency fluctuations and credit card charges may make a difference to the final amount billed on your credit card.
VAT is not payable for orders placed from outside Canada. All import duties and local taxes are the responsibility of you.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
We accept payment with the payment methods detailed on our website. You must pay for the Products while placing an order with us.
In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment or refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified in writing.
Our Responsibility For Loss Or Damage Suffered By You
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
How We May Use Your Personal Information
We will use the personal information you provide to us:
to supply the products to you;
to verify your name and address;
to process your payment for the products.
We reserve the right to put in place additional/other payment security system(s) from time to time.
To ensure that your credit or debit card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please note that this is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Except as mentioned above we will only give your personal information to other third parties where the law either requires or allows us to do so.
Other Important Terms
We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this.
If you wish to transfer your rights or your obligations under these terms to another person you may only do so if you transfer the Product to that person. We may require the person to whom the Product is transferred to provide reasonable evidence that they are now the owner of the relevant item. If you transfer your rights and obligations in this way, you will no longer have any rights under the contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
These terms are governed by Canadian law and you can bring legal proceedings in respect of the Products in the Canadian courts.