Terms and Conditions
USE OF THE WEBSITES
Evolve Boutik S.E.N.C operates evolveboutik.com, as well as all other domain names owned by us which point to the addresses (the "Website" for your personal and non-commercial use and information. Your use of the Website is subject to the following terms and conditions of use and sale (the "Terms") and all applicable laws. By accessing and browsing the Websites, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Website.
Evolve Boutik reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Website without prior written notice at any time, and from time to time, at Evolve Boutik sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Website by posting notice of same on the Website. Following the posting of any such notice, your continued use of the Website will constitute your acceptance of the new Terms and other policies, as modified, and you will be bound by said new terms and policies. Certain provisions of These Terms may be superseded by legal notices or terms located on particular pages of the Website.
Evolve’s products and services available through the Website (the "Product" or the "Products") may be ordered by persons who reside in Canada, the United States and in other countries or territories as we may determine. The Website are not intended for access or use outside these territories. You are responsible to ensure that your access to the Website and the information and material available on or through them are legal in each jurisdiction in or through which you access or view the Website and such information and material.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES, AS THEY INCLUDE PROVISIONS, SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
YOUR USE OF THE WEBSITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
2. ACCEPTABLE USE POLICY
As a condition of your use of the Website, you hereby represent and warrant to Evolve Boutik that you:
Agree to honour our intellectual property rights;
Acknowledge that we may be unable to process and shall have no responsibility to process requests, the accuracy of which we cannot validate;
Agree not to create a link (other than personal "bookmark" or "favourites" entry) to the Websites without first obtaining our written permission;
Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the Website; and
Shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms.
3. NO USE BY MINORS
The Website are intended for use by adults only. If you use the Website to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Website on your behalf and you should not use the Websites on your own or provide any personal information to GDI. We do not knowingly collect information from children under the age of 13.
5. PRODUCT AVAILABILITY
Products which may be purchased from the Website are available for sale and distribution to customers these Products will be available at that time as at any other time. The availability of certain Products may be limited, and Products may not be available for immediate sale. Evolve Boutik may revise or cease to make available any Products at any time without prior notice. In the event that Evolve Boutik is unable to deliver to you a Product you have ordered due to lack of availability, we will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that Evolve Boutik may, at its sole discretion, contact you in order to allow you to maintain your order, subject to a revised delivery time if and when the Product becomes available.
5. OWNERSHIP; RISK OF LOSS
All Product(s) purchased from Evolve Boutik are delivered to you by Poste Canada. As a result, risk of loss and title for Products purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Evolve Boutik is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Website or any other Evolve websites including any Evolve pages on social networking website and webpages such as Facebook, Twitter or YouTube (collectively, your "Material"). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of Evolve Boutik or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party's proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold Evolve harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. Evolve reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
7.LIMITATION OF LIABILITY
NEITHER GDI NOR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION OR FAILED MESSAGES, THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITES.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. EVOLVE BOUTIK DO NOT WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE ARE OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER GDI NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EVOLVE AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS AND VENDORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVOLVE BOUTIK AND ITS AFFILIATES AND SUBSIDIARIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EVOLVE AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE US MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE, OR IN ANY ACT OF A SIMILAR NATURE IN ANY TERRITORY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.