Terms of service

OVERVIEW

Welcome to PIPA Fashion. The terms “we”, “us” and “our” refer to PIPA Fashion Inc. PIPA Fashion operates this website and online store, including the related information, content, features, tools, products and services (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when using the Services.
Please read these Terms carefully. They contain important information about your legal rights, including limitations of liability and warranty disclaimers.
By accessing, interacting with, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you should not access or use the Services.
Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy that cannot lawfully be excluded, restricted, or modified under applicable consumer protection or other legislation.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your province, territory, state, or other jurisdiction of residence, or that you have the consent required by applicable law.
To use certain Services or make a purchase, you may be required to provide information such as your email address, billing information, payment information, and shipping address. You represent that the information you provide is accurate, current, and complete and that you have the right to provide it.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person without our permission.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products. However, colours and appearance may vary depending on your device, display settings, lighting, and other factors.
Product photographs, measurements, descriptions, and other information are provided to help you make a purchasing decision, but minor variations may occur.
Product descriptions, pricing, availability, and specifications may be changed without notice. We reserve the right to discontinue products or limit quantities available to any person, business, geographic region, or jurisdiction.
Nothing in this section limits any rights you may have under applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. PIPA Fashion reserves the right to accept, decline, limit, or cancel an order, subject to applicable law. Your order is not accepted until we confirm acceptance and successfully process the required payment.
Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has been accepted.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, and/or phone number provided with the order.
Retail purchases are subject to returns and exchanges in accordance with our Refund Policy: https://www.pipafashion.com/policies/refund-policy
We accept both retail purchases for personal or household use and wholesale or business-to-business (“B2B”) purchases for commercial resale or other legitimate business purposes.
Wholesale and B2B purchases are also subject to Section 6 of these Terms.
We reserve the right to limit quantities purchased per customer, business, household, account, payment method, billing address, shipping address, or order.
If you place an order on behalf of a business or other organization, you represent that you have authority to place the order and bind that business or organization to these Terms.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and product availability may change without notice. The price charged will be the price applicable when the order is placed, subject to correction of errors as described in these Terms.
Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, customs duties, import charges, or other fees.
Prices on our online store may differ from prices offered through other sales channels or third-party retailers.
Promotions may be subject to separate terms. If specific promotional terms conflict with these Terms in relation to that promotion, the promotional terms will apply.
You agree to provide accurate and current payment and account information. You represent that you are authorized to use the payment method provided and agree to pay all properly authorized charges associated with your order, including applicable taxes and shipping charges.

SECTION 5 - SHIPPING AND DELIVERY

Delivery dates and transit times are estimates and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs authorities, weather, labour disruptions, or other circumstances outside our reasonable control.
For retail purchases, title and risk of loss will pass in accordance with applicable law.
For Wholesale and B2B Orders, unless otherwise agreed in writing, risk of loss passes to the purchaser when the order is transferred to the shipping carrier, to the extent permitted by applicable law.
Customers are responsible for providing an accurate and complete delivery address.

SECTION 6 - WHOLESALE AND B2B ORDERS

Orders placed for commercial resale, retail distribution, or other business purposes (“Wholesale or B2B Orders”) are subject to the additional terms in this section.
The minimum Wholesale or B2B Order is $250 before applicable taxes and shipping charges.
Wholesale or B2B Orders of $500 or more before applicable taxes and shipping charges qualify for free standard shipping within Canada. Additional charges may apply for expedited shipping, special delivery requirements, or destinations where standard shipping is unavailable.
All Wholesale and B2B Orders are final sale. Except in the case of damaged, defective, or incorrectly supplied merchandise, we do not accept returns or exchanges and do not provide refunds or store credit for Wholesale or B2B Orders.
If merchandise is received damaged, defective, or different from what was ordered, the purchaser must contact us at service@pipafashion.com promptly after delivery and provide the order number, a description of the issue, and clear photographs where reasonably requested. We will review the matter and determine the appropriate resolution.
Wholesale pricing, discounts, promotions, shipping thresholds, minimum order requirements, and product availability may change from time to time.
Unless expressly stated otherwise, retail promotions, discount codes, and consumer offers cannot be combined with wholesale pricing.
By placing a Wholesale or B2B Order, the purchaser represents that the order is being placed for legitimate business purposes and that the purchaser has authority to place the order on behalf of the applicable business.

SECTION 7 - INTELLECTUAL PROPERTY

The Services and their content, including our trademarks, trade names, logos, text, photographs, graphics, product images, videos, designs, and website layout, are owned by or licensed to PIPA Fashion and are protected by applicable Canadian and international intellectual property laws.
Subject to these Terms, you may use the Services for personal purposes or, where applicable, legitimate business purchasing purposes.
You may not reproduce, copy, distribute, modify, republish, publicly display, commercially exploit, download, store, transmit, or create derivative works from our website content without our prior written permission, except where permitted by applicable law.
Purchasing products for resale through an authorized Wholesale or B2B Order does not grant you ownership of or a licence to use PIPA Fashion’s photographs, website content, logos, trademarks, or other intellectual property unless we expressly authorize such use.
PIPA Fashion’s names, logos, product names, service names, designs, and slogans may be trademarks of PIPA Fashion or its licensors. They may not be used without applicable authorization.
Shopify’s trademarks and intellectual property belong to Shopify or its applicable licensors.
All rights not expressly granted under these Terms are reserved.

SECTION 8 - OPTIONAL TOOLS

We may provide access to tools or services offered by third parties that we do not control.
Unless otherwise stated, access to third-party tools is provided on an “as is” and “as available” basis. Your use of third-party tools is subject to any applicable terms and policies of the third-party provider.
We are not responsible for third-party tools or services to the extent permitted by applicable law.
New features, tools, or resources that we add to the Services will also be subject to these Terms unless otherwise stated.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain links to websites, services, or content operated by third parties.
We do not control and are not responsible for the content, accuracy, availability, privacy practices, products, or services of third-party websites.
If you access a third-party website or purchase products or services from a third party, your dealings with that third party are subject to its own terms and policies.
Questions or disputes relating to third-party products or services should generally be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Our online store is powered by Shopify, which provides technology that enables us to offer the Services.
Purchases made from PIPA Fashion are transactions directly between you and PIPA Fashion. Shopify is not the seller of PIPA Fashion products.
To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, losses, or damages arising from products purchased directly from PIPA Fashion.

SECTION 11 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy: https://www.pipafashion.com/policies/privacy-policy.
Because our online store is powered by Shopify, Shopify may also collect and process information in connection with your access to and use of the Services.
Information may be processed by Shopify and other service providers in jurisdictions outside your province or country of residence, as described in the applicable privacy policies.
Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 12 - FEEDBACK

If you submit reviews, comments, suggestions, ideas, photographs, feedback, or other content to us (“Feedback”), you grant PIPA Fashion a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback in connection with our business and Services, subject to applicable law.
You represent that you have the necessary rights to submit the Feedback and that its use by us as permitted by these Terms will not violate the rights of another person.
You must disclose any compensation or incentive received in connection with Feedback where required by law.
Feedback must not contain unlawful, defamatory, abusive, obscene, infringing, fraudulent, or malicious content or software.
We may remove or decline to publish Feedback at our discretion, subject to applicable law.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or delivery estimates.
Subject to applicable law, we reserve the right to correct errors or inaccuracies, update information, or cancel an affected order.
If we cancel an order after payment has been collected, we will refund the applicable amount.

SECTION 14 - PROHIBITED USES

You may use the Services only for lawful purposes.
You may not use the Services to:
(a) violate applicable international, federal, provincial, territorial, state, or local laws or regulations;
(b) infringe our intellectual property rights or the rights of another person;
(c) harass, threaten, abuse, defame, or harm another person;
(d) submit false, fraudulent, or misleading information;
(e) distribute spam, unsolicited advertising, malicious software, viruses, or harmful code;
(f) impersonate another person or organization;
(g) collect personal information about others without authorization;
(h) scrape, crawl, copy, or extract content or data from the Services in a manner not authorized by us or applicable law;
(i) interfere with or circumvent security features of the Services; or
(j) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with another person’s use of them.
We may suspend or terminate access where we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 15 - TERMINATION

We may suspend or terminate your account or access to all or part of the Services if you violate these Terms or where otherwise reasonably necessary to protect PIPA Fashion, our customers, or the Services.
Termination does not affect amounts properly due before termination.
Provisions that by their nature should continue after termination, including provisions relating to intellectual property, liability, indemnification, governing law, and accrued payment obligations, will survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.
Except for warranties, conditions, rights, or remedies that cannot lawfully be excluded, we disclaim implied warranties or conditions relating to the Services or products, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in this section excludes or limits any warranty, condition, right, or remedy that cannot be excluded or limited under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, PIPA Fashion and its directors, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to your use of the Services or purchase of products, including loss of profits, revenue, savings, or data.
These limitations apply regardless of the legal basis of the claim and whether or not we were advised that such damages were possible.
Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless PIPA Fashion and its affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal fees and expenses arising from:
(a) your material breach of these Terms;
(b) your violation of applicable law or the rights of another person; or
(c) your unlawful or unauthorized use of the Services.
This section does not require you to indemnify us for losses caused by our own unlawful conduct or to the extent an indemnification obligation would be prohibited by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, severed from these Terms.
The remaining provisions will continue in effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement between you and PIPA Fashion regarding your use of the Services and supersede prior agreements or communications relating to the same subject matter.
Nothing in this section limits rights that cannot be waived under applicable law.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms as part of a sale, restructuring, reorganization, transfer of assets, or similar business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Subject to any rights you may have under applicable consumer protection laws or other mandatory laws, you and PIPA Fashion agree that the courts of the Province of Ontario will have jurisdiction over disputes arising from or relating to these Terms or the Services.

SECTION 23 - HEADINGS

Section headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS

You can review the current version of these Terms on this page.
We may update these Terms from time to time by posting a revised version on our website.
Where required by applicable law, we will provide notice of material changes. Changes will take effect on the date stated in the applicable notice or, where no separate notice is required, when the revised Terms are posted.
Changes will not retroactively alter rights or obligations arising from transactions completed before the changes became effective unless permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms may be sent to:
PIPA Fashion Inc.
18B-3200 Dufferin Street, PMB 309
Toronto, Ontario M6A 0A1
Canada
Email: service@pipafashion.com
Ontario corporation number: 2605241
HST number: 78510 4514 RT0001