Philip Nyren Menswear and Womenswear Ltd.
Terms and Conditions of Website Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THIS WEBSITE
The use of philipnyren.com and the sale of products and services offered on this website are subject to the following terms and conditions (the “Terms and Conditions”).
1. This website is owned and operated by Philip Nyren Menswear and Womenswear Ltd (“PNMW”).
2. Your use of this website means you have read these Terms and Conditions and agree to follow and be bound by them.
3. These Terms and Conditions may be modified at anytime by PNMW without prior notice to you. It is your responsibility to review these Terms and Conditions from time to time to check for modifications. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.
4. This website is provided “as is” and is accessed and used by you at your own risk. PNMW takes reasonable efforts to ensure that the website is current and accurate. However, PNMW makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.
5. PNMW controls this website from its offices within British Columbia, Canada. Therefore the Terms and Conditions and use of this website, including any order or purchase made through this website shall be governed by the laws of the province of British Columbia and the applicable laws of Canada. It is your responsibility to know of and comply with all applicable laws concerning the use of this website.
PROPRIETARY RIGHTS
6. All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction, patent, copyright, trademark, and trade secret laws.
You acknowledge and agree that the ownership right and title to such rights will continue and remain with PNMW or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of PNMW. No other copying of this website, in whole or in part, is permitted without the express written authorization of PNMW.
7. The name “Philip Nyren Menswear and Womenswear” and other words or variations thereof or logos, slogans and images used on this website are the property of and are subject to trade-mark rights held by PNMW. Certain other trade-marks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
8. PNMW reserves complete title and full intellectual property rights in any material that is contained on the website and that is printed from the website.
9. You may copy and print copies of any of the web pages from this website provided the use is restricted to your personal non-commercial and lawful use and each copy clearly displays the copyright, trademark and any other proprietary notices of PNMW. Any other use of these web pages requires written authorization of PNMW.
10. You agree that you will not distribute the content of the website for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of PNMW or its licensors or allow any third-party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.
LIMITATION OF LIABILITY
11. In no event shall PNMW, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results or use of, this website or any content on this website, even if PNMW or its representative has been advised of the possibility of such damages. If you are dissatisfied with this website and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this website.
12. PNMW is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
13. PNMW assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.
INDEMNIFICATION
14. You shall indemnify and save harmless PNMW, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees incurred as a result of your use of this website online shopping. In order to purchase through this website you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this website as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this website may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. PNMW reserves the right to limit the quantities of certain products which you can purchase through the facilities of this website. In addition to any other rights or remedies, PNMW may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this website at anytime.
15. PNMW will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, PNMW will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, PNMW will notify you as soon as possible.
16. In order to protect you and PNMW from fraudulent transactions, PNMW may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. PNMW also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that PNMW chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.
PRIVACY
17. You have read the PNMW Privacy Notice, the terms of which appear on www.philipnyren.com and are incorporated into these Terms and Conditions, and agree that the terms of such notice are reasonable. You consent to the collection, use and disclosure of your personal information by PNMW and/or third parties in accordance with the terms of and for the purposes set forth in the PNMW Privacy Notice.
