Terms & Conditions

Introduction

This website is operated by Jiva Couture Ltd. The terms “we”, “us”, and “our” refer to Jiva Couture Limited and you, the visitor (“you”, “customer, “visitor”, “purchaser”, “buyer”), governing access and use of all content and functionalities available at the Jiva Couture Ltd. website, through the www.jivacouture.com (the “Site”). These Terms and Conditions are effective upon acceptance and governs the relationship between you and Jiva Couture Limited, a company whose registered office is 595 Avonwick Avenue, Mississauga, ON – L5R3M7 including the sale and supply of any Products on the Site. If this Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. For the purposes of this Terms and Conditions the term ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that implies your acceptance. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province or jurisdiction of residence and are legally capable of entering into a binding contract. If you are under the age of majority in your jurisdiction, you may authorize a legal guardian/parent over the age of majority to purchase for you. In this case, the legal guardian/parent agrees to the Terms of this Site.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content, including Jiva Couture Ltd. software and all HTML and other code contained in this Site.  All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by Jiva Couture Ltd. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Registered User

You may become a Registered User of the Service at no cost. As a Registered User, you will have the ability to participate in all of the features and services available as part of the Services and site. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please update your profile or notify us immediately at the following e-mail address info@jivacouture.com.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website will ultimately be invoiced and charged in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and designs of our products are displayed as accurately as possible on our website.

We are not liable for incorrect measurements provided in the custom measurement form. You acknowledge that you are responsible for the custom measurements provided by you to our website. We are not responsible for any errors in the measurement form as entered by you. When using the custom measurement feature, we will do our best to ensure accuracy of measurements provided, but we do not guarantee it 100%. Any minor discrepancies (i.e. altering the garment to be taken in or taken out) shall be bore by the customer. Any major discrepancies that cannot be easily corrected by a local tailor (i.e. length of garment is too long, neck depth is too deep, wrong fabric, etc.) can be sent back to our registered office for correction.

Non-Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site in any capacity as outlined above, must be with the permission of Jiva Couture Ltd., which may be revoked at any time, for any reason, in Jiva Couture Ltd.’s sole discretion. All Registered Users and guest users waive and all claims of any kind resulting from termination or revocation of right to use the Site.

Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Jiva Couture Ltd. of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Jiva Couture Ltd. will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Order Acceptance

Jiva Couture Ltd. offers products that are ‘made-to-order’’custom’ or by our participating designers and are subject to acceptance and availability. Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, rather a confirmation that we have received it. We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is not reproducible or that you do not meet the eligibility criteria set-out within the terms and conditions.

Acceptance of your order will occur when we email you the details of your order and it has been submitted for processing. Once you receive this email, your order will go into production. Please be aware that because of the “custom” nature of the transactions on our Site you should expect a delay of four (4) to eight (8) weeks between the date you place your order and the date that the Product is ready for shipment. The estimated delivery time will be indicated to you clearly on the product details page, therefore, please take this into consideration when placing your order.

Order Changes, Cancellation and Availability

We are constantly updating and revising our offering of products, and we may discontinue products at any time without notice. If your product has been discontinued after you have purchased it we will notify you immediately and refund your payment in full or offer another alternative as agreed upon by us and you.

If you wish to cancel your order after placing it, you may only do so within twenty-four (24) hours of submitting it. To do so, please email info@jivacouture.com within twenty-four (24) hours of submitting your order and we will refund your money within seven (7) days of receiving your request. Any requests received after twenty-four (24) hours of submitting your order will not be accepted and cannot be cancelled.

Pricing Policy

Prices shown on the Site may be tagged according to your local currency and are exclusive of taxes. You are ultimately billed in your final invoice in Canadian dollars. Please note that product prices may change daily according to existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.

If you are a customer whose credit card is not denominated in Canadian Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

While Jiva Couture Ltd. strives to provide accurate product and pricing information, pricing or typographical errors may occur. Jiva Couture Ltd. cannot confirm the price of a product until after you place your order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Jiva Couture Ltd. shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already gone into production. In the event that an item is wrongly priced, Jiva Couture Ltd. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Unless the product ordered by you has gone into production, your offer will not be deemed accepted and Jiva Couture Ltd. will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Jiva Couture Ltd. accepts your order the same shall be debited to your credit card account. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.

Payment Terms and Security

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:

At the time you place your order, you will be required to pay the full amount of the Product.

Payment will be debited and cleared from your account upon acceptance of your order by Jiva Couture Ltd.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to Jiva Couture Ltd., we will not be liable for any delay or non-delivery.

To help ensure that your shopping experience is safe, simple and secure, Jiva Couture Ltd. uses encrypted Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence, Jiva Couture Ltd. is not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Shipping Costs/Taxes and Duties

You are responsible for the shipping costs as listed on the Checkout page. Canadian customers will be charged tax in addition to the advertised product price in accordance to their province. For delivery to any destination outside of Canada no taxes or duties will charged by us. As the recipient, you will be liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these amounts will be necessary to release your order from customs on arrival. Since duties and taxes vary by country and by what was ordered, we are not able to supply an estimated cost. Please check the latest applicable local requirements in your country before placing an order.

Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Questions or Concerns

Please send all questions, comments and feedback to us at info@jivacouture.com