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Terms and Conditions

Discoveries Consignment & Resale, Inc. operating as Discoveries Clothing

(last updated July 2, 2019)

 

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

Use Licence

Permission is granted to temporarily download one copy of the materials on Discoveries Consignment & Resale, Inc.’s website for personal, non-commercial transitory viewing only.  This is the grant of a licence, not a transfer of title, and under this licence, you may not:

  1. Modify or copy the materials;
  2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. Attempt to decompile or reverse engineer any software contained on Discoveries Consignment & Resale, Inc.’s website;
  4. Remove any copyright or other proprietary notations from the materials;
  5. Transfer the materials to another person or website or ‘mirror’ the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Discoveries at any time.  Upon terminating of your viewing of these materials, or upon the termination of this licence, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

 

Purchases 

In order to make a purchase from Discoveries, you must have a valid payment method on file with us.  You are responsible for paying all fees and applicable taxes associated with our services. If your payment method fails, we may collect fees owed using other collection mechanisms.  This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and other methods of collection.  To ensure uninterrupted service and to enable you to conveniently make additional purchases, Discoveries will store and update (for example, upon expiration) your payment method on file.  If you choose to use a third party payment service offered by Discoveries, such as PayPal or Stripe, you are subject to their terms of use and privacy policies.

 

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order.  Where required, sales tax will also be applied to the shipping and handling charges.  

If you are making a purchase for a tax-exempt organization or are an individual who qualifies for a tax exemption, please contact our Customer Service team by email.  To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.

 

Site Transactions

Discoveries Consignment & Resale, Inc. reserves the right to refuse any order you place with us.  We may, in our sole discretion, cancel your order. This restriction may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event we cancel an order, we will attempt to notify you by contacting the e-mail address or billing/shipping address provided at the time the order was made. We reserve the right to cancel or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Pricing

Discoveries Consignment & Resale, Inc. strives to provide fair and accurate pricing information.  The approximate original retail price is listed for each item and is based on online research of the original manufacturer/retailer, or in-person research of various Canadian or online retailers.  If the original price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping. When an original price is not available, Discoveries uses the price of a comparable garment from the same manufacturer.  When in doubt, we usually slightly underestimate the original retail price.

 

Returns, Refunds, and Exchanges

Discoveries Consignment & Resale, Inc. does not accept returns and does not provide refunds or exchanges.  We strive to present our products accurately and in detail, through photos, measurements, and descriptions. Please read the details carefully.  You are responsible for checking the measurements and other information to ensure the garment or item fits your needs. A return/refund/exchange policy would, unfortunately, require a significant rise in prices.  Please examine the photos and information carefully to be certain you will be pleased with your purchase.

 

Trademark Notice

Discoveries is an independent reseller of secondhand clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items listed on our site.  All third party brand names and logos used in any commercial context by Discoveries are trademarks and/or registered trademarks of their respective holders.  

Brands sold on the website are not partnered or affiliated with Discoveries in any manner.  However, Discoveries fully cooperates with brands seeking to track down the source of any counterfeit items, which may include revealing the contact information of consignors submitting counterfeit goods.

 

Product Descriptions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).  

We attempt to be as accurate as possible, but Discoveries does not warrant that product description or other content is accurate, complete, reliable, or error-free.  We have made every effort to show as accurately as possible the colours and styles of our garments and items. We cannot guarantee that your computer (or other electronic devices)’s display will be accurate.  

 

Electronic Communications

When you order from our site or send emails or other communications from your computer or other electronic devices to us, you are communicating with us electronically.  You consent to receive communications from us electronically, such as emails, or notices and messages on or from this site, and you can retain copies of these communications for your records.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

You further agree that your communications with us may be quoted, in whole or in part, and published on the website.  (For example, we may quote a question asked by a customer, publish a customer review, or quote someone in a blog post.)  If we quote you, we may identify you by initials and location only, unless you have given express permission to be fully named, or unless we are legally required to identify you.

 

Links

Discoveries Consignment & Resale, Inc. has not reviewed any sites linked to its internet website and is not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by Discoveries. Use of any such linked website is at the user’s own risk.  

 

Right to Access

This website and its services are not targeted towards, nor intended for use by, anyone under the age of 13.  If you are under the legal age of majority in your jurisdiction, you may use this site only with involvement of a parent or guardian.  By interacting with this site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access this site.  In addition, you may not make a purchase from Discoveries unless you are at least 18 years of age.  

If you are a parent or guardian who provides consent to a minor’s use of this website, you agree to be bound by these terms in respect of such minor’s use of the website.

 

Restricted Activities

With respect to your use of the Discoveries website, you agree that you will not:

  1. Impersonate any person or entity;
  2. Stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. Violate any law, statute, rule, permit, ordinance or regulation;
  4. Interfere with or disrupt the operation of the website
  5. Post information through, or interact with, the company or website in a manner which is false, misleading (directly or by omission or failure to provide current and accurate information), inaccurate, defamatory, libelous, abusive, obscene, profane, sexually oriented, threatening, harassing, or illegal;
  6. Use the website and its information in any way that infringes upon any third party’s rights, including but not limited to:  privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. ‘Frame’ or ‘mirror’ any part of the website, without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
  9. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or any software used on or for it;
  10. Rent, lease, lend, sell, redistribute, licence, sublicence or access to any portion of the website and its services;
  11. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the website, its services or its contents;
  12. Link directly or indirectly to any other websites;
  13. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability or condition, medical condition, marital status, age or sexual orientation;
  14. Cause any third party to engage in the restricted activities above;
  15. Use the website for any unlawful purposes;
  16. Sell, resell, sublicence, distribute, transfer, copy reproduce, publicly display, duplicate or download the website, its contents or its services, or any part thereof;
  17. Collect information (including without limitation, any product listings, descriptions, photos, images, or prices) as listed on the website, except where it is used as transitory and personal.
  18. Adapt, modify and/or make any derivative modifications to the website or the information, or any part thereof;
  19. Download or copy any information from the website, or any part thereof, for the benefit of another person, entity, vendor, and/or merchant;
  20. Use any meta tags or any other ‘hidden text’ utilizing the Discoveries name or trademarks or any third party’s name or trademarks without the expressed written consent of the applicable party.
  21. Publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, indecent or otherwise objectionable, language, text, photos, graphics or other publications on the Discoveries website;
  22. Collude against another person in restraint of trade and competition;
  23. Create a hyperlink to the website, or any page of the website;
  24. Imply affiliation with or endorsement or sponsorship by Discoveries Consignment & Resale, Inc., or cause confusion, mistake, or deception in connection therewith.

Termination

You agree that Discoveries Consignment & Resale, Inc., in its sole discretion, may terminate your use of our services at any time.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of our website and its services, may be referred to appropriate law enforcement authorities.  Discoveries may also, in its sole discretion and at any time, discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the site and its services may be effected without prior notice.  Further, you agree that Discoveries shall not be liable to you or any third party for any termination of your access to the site and its services.

 

Disclaimer

The materials on Discoveries Consignment & Resale, Inc.’s website are provided ‘as is’.  Discoveries makes no warranties, expressed or implied, and hereby disclaims and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, Discoveries does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.  

Discoveries Consignment & Resale, Inc. does not warrant that the site or any function contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server(s) that make the site available are free of viruses or other harmful components.  Discoveries expressly disclaims any duty to update or revise the content of the site, although we may modify the content at any time without notice. Your use of the website is at your sole risk, and you assume full responsibility for any costs associated with your use of the site. Discoveries Consignment & Resale, Inc. shall not be liable for any damages of any kind related to your use of the website.  Discoveries does not represent or warrant that the site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. Discoveries may limit the site or its service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Limitations of Liability

You expressly understand and agree that Discoveries Consignment & Resale, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever (including, without limitation, damages for loss of data or profit, or due to business interruption, loss of goodwill, or other intangible losses), arising out of the use or inability to use the materials on Discoveries’ internet website, the cost of procurement of substitute goods and services, or any other perceived or actual damages arising from your interaction with the site,   even if Discoveries or an authorized representative has been notified of the possibility of such damage. If you are dissatisfied with Discoveries or its website, your sole and exclusive remedy is the discontinuation of your use of the site.  

 

Indemnification

You agree to defend, indemnify and hold Discoveries Consignment & Resale, Inc. and its officers, employees and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or relate to your use of the site and/or your breach of any representation, warranty, condition or other provision of the agreement.

 

Choice of Language

The parties hereto confirm that it is their wish that this agreement, as well as other documents relating hereto, including notices and other communications, have been and shall be drawn up in the English language only.  Les parties aux presents conferment leru volonte que cette convention de meme que tous les documents, y compris tout avis qui s’y rattache, soient rediges en langue anglaise.

 

Site Terms of Use Modifications

Discoveries Consignment & Resale, Inc. may revise these Terms of Use for its website at any time without notice.  By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.  You can tell when the Terms of Use was last updated by referring to the first page of this agreement.

 

Governing Law

To the maximum extent permitted by law, this agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions.  Any dispute arising under this agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada.