TERMS & CONDITIONS FOR PURCHASING GOODS and SERVICES
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you adn your purchases with ShopThing. Please read it carefully.
You may only use our services (the “Services”) if you: (i) agree to these terms and conditions; (ii) are the age of majority in your province or state of residence; and (iii) are not otherwise prohibited by applicable law from accessing or using the Sites. By using the Sites, you accept these Terms and Conditions for Purchasing Goods or Services (these “Terms”). If you do not agree to these Terms you may not use the Sites. We reserve the right to immediately cease offering or deny our Services to you at any time and for any reason.
These Terms apply to the use of the Services through any or all of the following: (i) our website, ShopThing.com, and all pages associated thereto, (ii) the ShopThing iOS mobile app, (iii) the ShopThing Android mobile app, and (iv) the ShopThing page or profile on any social media network, including without limitation, Instagram and Facebook (each a “Site” and collectively, the “Sites”).
These Terms are subject to change by ShopThing Inc. and each of our affiliates (referred to as “ShopThing”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on our Site(s).
You should review these Terms, together with our General Terms and Conditions and our Privacy Policy before purchasing any product or services that are available through the Site(s). You should also review the Terms and Conditions for ShopThing VIP before subscribing to ShopThing VIP, which is a premium service provided separately to eligible subscribers. For clarity, these Terms will continue to apply to ShopThing VIP subscribers subject to the Terms and Conditions for ShopThing VIP where applicable. Your continued use of any Site from and after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the General Terms and Conditions that apply generally to the use of our Site(s). You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 10).
Services. The Sites enable you request that we purchase items, including clothing, footwear, jewelry, handbags, small leather goods, and other fashion merchandise, beauty products including skincare, cosmetics, and fragrances, and small household goods on your behalf from third party retailers, and to have any items purchased on your behalf shipped to you at an additional expense payable by you.
Order Acceptance and Cancellation. You agree that each order you place with ShopThing on its sites is a binding contract for us to buy, under these Terms, all items listed in your order on your behalf. This contract is a binding agreement and cannot be modified after your have agreed to these “Terms” by placing your order. All orders must be accepted by us. Until we have accepted your order we are not obligated to purchase the products on your behalf and/or have them shipped to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms.
a) Service Fees: you agree to pay our service fee, which is determined solely by us, and may be revised from time to time, as posted on our Sites. Our service fee is in addition to any product prices.
b) Product Prices: you agree that all product prices, discounts, and promotions posted are subject to change without notice. You agree to pay the price charged for a product which will typically be the price advertised by the retailers from whom we are purchasing on your behalf and at your direction. The terms of any promotions or discounts are those determined by the retailers at the time the order is placed. The price charged will be stated in your order confirmation email.
c) Taxes and other charges: you agree to pay all sales taxes set by the relevant authorities in the locations which we have purchased items on your behalf, which will be added to your total price. Product prices do not include charges for sales taxes, shipping and handling, or our service fees. All such taxes, charges and fees will be added to your total price and, where feasible, will be itemized in your shopping cart and/or your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
d) Import Duties: as may be required by the governmental authorities of your jurisdiction or the jurisdiction of your shipping location, you agree to pay any and all applicable customs duties, tariffs or other taxes that your purchase order is subject to, in addition to our service fees, the product prices, sales taxes and other applicable charges, including shipping and handling.
e) Payment of the total price (the “Purchase Price”) being the sum of 3(a), 3(b), 3(c) and 3(d) above (as may be applicable), by any one of the methods of payment that we accept, must be received by us before our acceptance of an order. We currently accept payment through VISA, American Express and MasterCard for all purchases and you have the option to pay through Apple Pay. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, import duties and tariffs, if any, regardless of the amount quoted at the time of your order. By submitting your payment information (including but not limited to your credit card number, its expiration date, your billing address and shipping information) you hereby authorize us to charge you for the Purchase Price. You also grant to us the right to use such information for the purposes of facilitating your purchase through any third-party payment processing service that we use. You expressly ackwnowledge and agree that our acceptance of your order may be subject to additional terms of service that may be required by our third-party payment services, including Apple Pay, Stripe Inc., and others.
f) Foreign Exchange: You acknowledge that Product Prices may be listed either in Canadian Dollars (CAD) or United States Dollars (USD) depending on the country in which the products are being purchased for you. In the event that the currency in which payment of the Purchase Price (including the Product Price) is made is different from the currency in which your credit card is registered, a foreign currency transaction fee may be charged to you by your credit card company and/or financial services institution. We do not charge you any foreign currency transactions fees. You expressly agree that it is your sole and exclusive responsibility to pay for any and all fees associated with foreign currency conversions, including any and all transaction charges, conversion fees, and surcharges etc., and that we shall not be liable in anyway whatsoever for, and you agree to indemnify and hold us harmless with respect to any damage, loss or expense associated with foreign currency transaction charges that may be incurred by you.
g) Promotional Offers: Offers are valid for the limited time stated in promotion only and must be redeemed by the date published. Promotional discount is applied on the subtotal order value only (pre-fees & taxes). Only applicable to orders that meet the discount criteria. Orders cannot be combined to reach minimum order criteria. Cannot be combined with any other coupons, discounts, offers, or promotions. Subject to product availability, no rain checks issued. Promotional discount is based on the currency of the order. Offers are not redeemable for any past orders including orders placed without a promo code. Offers are non-transferable and are not redeemable for cash, gift cards, exchanges, or refunds. Some offers are only limited to ShopThing Sellers and not Marketplace Sellers. Other restrictions may apply.
Independent Service Provider.
a) You agree that we are providing the Services as an independent contractor acting on your behalf, and nothing in these Terms should be construed to create a partnership, joint venture, contractor or employer-employee relationship with ShopThing Inc. or any of our affiliates, employees or contractors.
Shipments; Delivery; Title and Risk of Loss.
a) We will arrange for shipment of the products to you. Please check your order confirmation for shipment details. You are responsible for all shipping and handling charges unless otherwise specified in the order confirmation.
b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
c) Delays in shipments will not result in the ability to cancel an order. In the event that there is a problem with a delivery, we will endeavour to resolve the matter with the carrier. We do not guarantee refund or replacement of of any item(s) that have been delivered as agreed with proof of delivery provided.
Returns and Refunds. ALL PAYMENTS FOR OUR SERVICES AND THE PRODUCTS THAT WE PURCHASE ON YOUR BEHALF ARE FINAL AND NON-REFUNDABLE, UNLESS OTHERWISE DETERMINED BY US AT OUR SOLE DISCRETION. This includes any additional payment for charges that are incurred including but not limited to sales taxes, shipping and delivery fees, and other incidental costs charged to your credit card upon acceptance of an order. Certain third-party retailers may offer refunds, store credit or exchanges for purchased items, but our Services do not include the ability to return, exchange, or obtain/redeem store credit for purchased items unless otherwise expressly indicated to you or if you are an active member of our VIP subscription.
Manufacturer's Warranty and Disclaimers.
a) We do not manufacture or control any of the products purchased through our Site(s). The availability of products purchased through our Site(s) does not indicate an affiliation with or endorsement of any product, label, designer, merchant, retailer or brand. We do not provide any conditions or warranties with respect to the products purchased through our Site(s).
b) ALL PRODUCTS AND SERVICES OFFERED ON EACH SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (i) OF MERCHANTABILITY; (ii) OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability.
a) EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES OR OURS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY OF THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING SUCH SITE AND ANY RELATED SERVICE.
b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE(S).
Goods Not for Resale or Export. You acknowledge and agree that ShopThing Inc. and its affiliates do not support or condone the resale or export of any of the products purchased through our Site(s), and you represent and warrant to us that you are buying products through the Site(s) solely for your own use and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to your province or state of residence.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through our Sites.
Force Majeure. We are not liable or responsible to you, nor shall we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent that our failure or delay is caused by or results from any of the following events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and (h) other similar events beyond our control.
Paramountcy. In the event of any conflict or inconsistency between the provisions of these Terms and the General Terms and Conditions then, notwithstanding anything contained in the General Terms and Conditions, the provisions contained in these Terms shall prevail to the extent of such conflict or inconsistency.
Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Waiver of Recourse to the Courts and Binding Arbitration.
a) WHERE PERMITTED BY APPLICABLE LAW, YOU AND SHOPTHING AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b) The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario).
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ShopThing.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. These Terms, our General Terms and Conditions, the Terms and Conditions for ShopThing VIP, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last updated April 18th, 2023.