Twice New TERMS AND CONDITIONS OF SALE

Last updated: June 19, 2020

1.  Terms of Sale

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, INDEMNIFICATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

These Terms and Conditions of Sale (these “Terms of Sale”) apply to the purchase and sale of products and services through the website, www.twicenewbywins.ca and all its subdomains as well as mobile applications, owned, operated or maintained by Women In Need Society of Calgary (collectively the “Website”). These Terms of Sale are subject to change by Women In Need Society of Calgary (referred to as “WINS”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the “Last Updated Date” referenced on this page. You should review these Terms of Sale prior to purchasing any product or services that are available through the Website.

BY OBTAINING PRODUCTS OR SERVICES FROM THIS WEBSITE OR BY CLICKING TO ACCEPT THESE TERMS OF SALE, AS THE CASE MAY BE, YOU: (1) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SALE, OUR PRIVACY POLICY (FOUND AT WWW.TWICENEWBYWINS.CA/POLICIES/PRIVACY-POLICY) AND OUR WEBSITE TERMS AND CONDITIONS OF USE (FOUND AT WWW.TWICENEWBYWINS.CA/POLICIES/PRIVACY-TERMS-OF-SERVICE), BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE; AND (2) REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY.

IF YOU: (1) DO NOT AGREE TO THESE TERMS OF SALE, THE PRIVACY POLICY OR THE WEBSITE TERMS AND CONDITIONS OF USE; (2) ARE NOT THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE; OR (3) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW, THEN YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE.

2.  Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services 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. In the event we choose not to accept an order, at our sole discretion, we will provide you with written confirmation of same and issue a refund for any monies paid to us.

3.  Prices and Payment Terms

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in 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.

We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard and American Express debit and credit cards for all purchases, among other methods of payment that may be expressly indicated on our Website from time to time. 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 honored 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, if any, regardless of the amount quoted on the Website at the time of your order.

4.  Shipping

Shipping is currently provided by Canada Post and affiliated carriers. Other carriers may be used at any given time based on availability and timing requirements and at our sole discretion. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not responsible or liable for any delays in shipments.

We will ship to locations within all Provinces and Territories of Canada deliverable by our carriers with the exclusion of orders placed from and/or deliverable to/ from locations within the Province of Quebec.

5.  All Sales Are Final (No Returns, Refunds or Exchanges)

ALL SALES ARE FINAL. All sales of products and services through the Website are final and purchased items cannot be returned for exchange, credit or refund. [This policy applies to all sales, regardless of whether products are damaged in transit or otherwise defective.]

6.  Warranties

All of the products sold on the WINS Website are second-hand, thrift products. Moreover, we do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product or service nor do we warrant that the products listed on our Website are in stock or that there is sufficient inventory to fulfill your order. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Website.

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY THIRD PARTY’S OBLIGATION TO HONOUR WARRANTY OBLIGATIONS TO YOU, AS APPLICABLE.

All purchases through our Website are incorporated into these Terms of Sale.

7.  Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada, excluding the Province of Quebec. Women In Need Society reserves the right to refuse or cancel your order if Women In Need Society suspects you are purchasing for resale.

8.  Limitation of Liability

WINS AND ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES AND VOLUNTEERS, WILL NOT BE LIABLE, WHETHER TOWARDS YOU OR A THIRD PARTY, FOR CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND WHATSOVER, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR RELATIONSHIP AND INTERACTIONS WITH WINS, YOUR USE OF ANY ITEMS PURCHASED FROM WINS, ANY BREACH OF THESE TERMS, THE WEBSITE, ITS CONTENT, OR THE USE THEREOF OR ACCESS THERETO, EVEN IF WINS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE LIABILITY OF WINS TO YOU IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAW.

9.  Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WINS AND ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT OR INDIRECT DAMAGES), JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OF SALE, YOUR PURCHASE OF ANY PRODUCTS FROM WINS, OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FILED BY OR ON BEHALF OF YOU, YOUR NEXT-OF-KIN, YOUR HEIRS OR YOUR ESTATE.

10.  Consent to Transact Electronically and Commercial Electronic Messages

You expressly consent: (1) to only having an electronic record of these Terms of Sale available to you and agree that you may retain a physical copy by printing this webpage or document, as the case may be; (2) to transact electronically and acknowledge by using the Website or clicking “I Accept”, as the case may be, that you are agreeing to be bound by the terms of these Terms of Sale; and (3) to the WINS contacting you by phone, email, text message or otherwise for the purpose of responding to any inquiries, orders, submissions or requests made by you on the Website.

11. Applicable Law; Jurisdiction

These Terms of Sale and any disputes arising under or related to these Terms of Sale will be governed by the laws in effect in the Province of Alberta and the federal laws of Canada applicable therein, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Sale will be brought exclusively in the Province of Alberta courts, as applicable, and WINS and you hereby irrevocably accept and submit to the personal jurisdiction of these Province of Alberta courts with respect to any legal actions, suits or proceedings arising out of or relating to these Terms of Sale. WINS and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Sale.

12.  Entire Agreement

The Terms of Sale, together with our Privacy Policy and the Website Terms and Conditions of Use, constitute the sole and entire agreement between you and the WINS regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

13.  Severability

If any term or provision of these Terms of Sale is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Sale or invalidate or render unenforceable such term or provision in any other jurisdiction.

14.  Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Sale operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

15.  Notices

To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep the correspondence information you provide us current.

To WINS. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier or registered or certified mail to:

Women In Need Society of Calgary

Unit 137, 7007 54th St SE

Calgary, AB T2C 3C2

Notices sent by personal delivery, courier or mail will be effective the first business day following the date that the correspondence is received in our office.