TERMS AND CONDITIONS

Terms Of Service

These Terms of Service (“Agreement”) set forth the general Terms Of Service of your use of the www.stefmouchie.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Stef Mouchie (“Stef Mouchie”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Stef Mouchie, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

  1. Interpretation

“Consumer” means an individual that buys products on our website;

“Contract” means the legally binding agreement between you and us for the supply of the Goods;

“Delivery Location” means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

“Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

“Goods” means the luxurious and tailor-made women’s wear products advertised on the Website that we supply to you of the number and description as set out in the Order;

“Order” means the Customer’s order for the Goods from Stef Mouchie as submitted following the step by step process set out on the Website;

“Privacy Policy” means the terms which set out how we will deal with confidential and personal information received from you via the Website;

“Website” means our website www.stefmouchie.com on which the Goods are advertised.

  1. Information About Us

Stef Mouchie Company is located in Toronto Ontario Canada with an address at 100 lower Ossington Ave, Suite 517, Toronto, ON M6J0A7. Stef Mouchie is an online fashion retailer dedicated to providing stylish, contemporary, and unique pieces for the modern working woman. Stef Mouchie includes a range of stylish selections for women to discover their inner soul through their outward style. With professional outfits, casual attire, and other wardrobe essentials, Stef Mouchie helps today’s fashion-forward female find the outfit she needs to fit any occasion or mood. Now, there’s no need to spend hours shopping for the perfect outfit. Get everything you need to feel empowered at the www.stefmouchie.com platform. (Services). These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms Of Service. By ordering any of the Services, you agree to be bound by these Terms Of Service.

  1. Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.

Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

  1. Basis of Sale

The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.

We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

We intend that these Terms Of Service apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

  1. Price

The price of the Goods and any additional delivery or other charges is that set out on the Website from time to time, except in cases of obvious error at the date of the Order. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.

Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

  1. Our Products

The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers, other devices can display colours differently and Workwear for businesswomen products themselves vary in colour and size. The packaging of the Products may also vary from that shown in images on our Website. Any weights of the Products are approximations only unless we state otherwise.

Whilst we will provide general advice and instructions relating to our Products, any advice, and instructions provided by Stef Mouchie relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice or instructions provided to you on our Website or in conjunction with any of our Products. You are responsible for opening and inspecting the Products upon delivery.

If we are unable to supply you with a Product, for example, because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

  1. Delivery

Masks are shipped with 1-2 business days of receiving the order. Garments are made to order and are shipped out 3-4 weeks from the time the order is placed. Made locally in Toronto, our fabrics are imported from the USA. We have multiple shipping options, *Free shipping is done through Canada Post (no tracking). Express shipping options through FedEx, Purolator are available. Our policy excludes weekends and Canadian bank holidays.

Due to the nature of our products, seasonal increases in demand, and factors beyond our control, we occasionally experience longer delivery times. We endeavor to inform you of any such situation to avoid disappointment. We will confirm if we can deliver to you and if we can do that within your estimated delivery date, in the Dispatch Confirmation in accordance with our delivery timeframes. Please note that delivery dates are estimates only and Prices are calculated at the checkout. It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions.

Please note that the delivery cost may change depending on the type of Workwear for businesswomen products and the delivery destination for outside Toronto deliveries. International customers pay the customs and duties applicable in their country. If you have a delivery related question or specialised delivery request, please contact us at info@stefmouchie.com.

If you or your nominee fail, through to no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.

  1. Risk and Title

The Products will be at your risk on completion of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.

  1. Billing and payments

If you wish to purchase any product or service made available through our Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.

By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to change products and product pricing at any time. You can pay with any Visa, MasterCard, Maestro, Visa Delta card, or via PayPal. The purchase on our website will be made in $ Canadian Dollars. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.

  1. Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. 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 Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

  1. Pre-order items

 When you choose to pre-order an item, you will be added to a priority waiting list. Payment for pre-order goods is collected at the moment of purchase and is subject to our standard fraud checks. All pre-order goods have an anticipated delivery date, which shows when the items will leave the warehouse. In the case of a delay in the anticipated delivery date or Stef Mouchie’s cancellation of the pre-order, you will be entitled to a full refund. In the event of such a delay or cancellation, Stef Mouchie shall bear no extra responsibility. When an order contains both available and pre-ordered goods, the available items will be sent first. Our normal return policy will apply after you have received your pre-order item.

  1. Returns policy

Returns must follow our returns policy, which is outlined below. You are required by law to take reasonable care of the goods while they are in your possession and to return them in the same condition in which they were received (except to the extent reasonably necessary to examine them). The following guidelines are included:

    • We can only accept returns from the same country/region that your purchase was shipped to. Additional import taxes may be levied if you return an item from a country/region other than your delivery country/region. We highly advise you to use the Free Returns Collection Service.
    • Please carefully inspect clothes upon receipt before removing any attached tags and discarding any original packaging.
    • To be returnable, items must be unworn, unwashed, undamaged, unused, and with all original tags intact.
    • Any packaging, such as authenticity cards, dust bags, and leather tags, must be returned whenever feasible since they are considered part of the product.
    • Footwear must be returned in the original undamaged packaging supplied and within a protective shipping box, unmarked and unscuffed.
    • Items of hosiery, lingerie, and swimwear must be returned in their original packaging, if applicable.
    • Hosiery, lingerie, and swimwear should only be worn over your own undergarments. Returns that have been used or soiled will not be accepted.
  • Jewelry must be returned in the exact condition it was received, including any branded packaging and documentation.

We suggest that you return goods in their original packaging to guarantee proper transportation protection. If you fail to comply with the aforementioned duties (including the return conditions), we may withhold from your refund an amount equal to the reduced worth of the Product(s), up to the full price of the Product (s).

A contract for the delivery of any of the following Products cannot be cancelled:

  • Any goods that have been customised or created to your exact requirements, unless they were damaged or defective when delivered to you or were delivered wrongly.

 

  • Any clothing or cosmetics items with a hygiene label or seal that has been removed or damaged.
  1. Returns process

The shipping package will contain instructions for returning the product(s). When cancelling a purchase and returning goods to us, you have two options:

  1. Exercise your right to cancel under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 depending on where you reside (CCRs). If you choose this option, you will be reimbursed the entire price of the product(s) plus the cost of regular shipping, but you will be responsible for the organisation and expense of returning the product(s) to us.
  2. Make use of our Free Returns service. If you choose this option, you will be able to return the product(s) for free and will be reimbursed the full amount for the product(s) (subject to our Returns Policy), but not the shipping costs.

These two alternatives are discussed in more detail below.

  • Under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you have the right to cancel (CCRs)

Except for specific kinds of Products (as defined above), you have the right to terminate a contract at any time before your order is fulfilled and for up to 14 days thereafter, starting on
the day after you received the Products (“cooling-off period”).

To cancel a Contract, you must notify us in writing, ideally

  • by email at info@stefmouchie.com by phone at +1 905-462-5670, including your name, address, and order reference; or
  • by completing and submitting the cancellation form and mailing it to the address shown on the form.

If you cancel an order (or part of an order) within the cooling-off period, you must return the Product(s) within 14 days of notifying us of the cancellation and follow the Returns Policy.

If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive the Product(s) back or if earlier, the day we receive evidence that you have returned the Product(s) to our returns address.

We will refund the entire price of the Product(s), including the cost of standard shipping (subject to any deductions we may be entitled to make owing to your use of or damage to the Product(s). However, we will not reimburse you for the expense of returning the Product(s), and you will be liable for those charges. Unless otherwise agreed, we will return any money received from you using the same method you used to pay for your transaction.

  1. Promo codes

Promo codes are limited to one use and taxes only apply to Canadian customers. We may from time to time give you promo codes for special savings on Products and/or other services available on the Site. Promo Codes are only applicable for purchases onwww.stefmouchie.com. Promo Codes, have various time limits and will expire after their defined duration. Simply enter your coupon code on the checkout page to redeem it. If you do not, your purchase will be ineligible for the discount. Promo coupons are only valid for one usage per user and cannot be used with any other offer. The discount code will only apply to the first milestone of purchases that include one or more milestones. Stef Mouchie Credits are not eligible for promotional codes. Additional limitations and limits may apply to promo codes, which will be communicated to you upon receipt. In the case of fraud, abuse, or a violation of the Terms Of Service, promotional coupons may be revoked. Stef Mouchie retains the right to change or terminate promotional coupons at any moment.

  1. Third-party services

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the Terms Of Service of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Stef Mouchie with respect to such other services. Stef Mouchie is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Stef Mouchie to disclose your data as necessary to facilitate the use or enablement of such other services.

  1. Backups

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

  1. Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

  1. Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be affiliate links. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

  1. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

  1. Intellectual property rights

Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Stef Mouchie and its licensors. The website and services we provide are protected by copyright, trademark, and other laws of Toronto Canada. Our trademarks may not be used in connection with any product or service without the prior written consent of Stef Mouchie.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Stef Mouchie or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Stef Mouchie. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Stef Mouchie or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Stef Mouchie or third-party trademarks.

  1. Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

  1. Limitation of liability

Nothing in these Terms Of Service seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

We will not be responsible for any loss or damage that is not foreseeable. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

To the fullest extent permitted by applicable law, in no event will Stef Mouchie, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Stef Mouchie and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to any amounts actually paid in cash by you to Stef Mouchie for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

  1. Indemnification

You agree to indemnify and hold Stef Mouchie and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable solicitor’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

  1. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect

  1. Law and Jurisdiction

These Terms Of Service and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Toronto Ontario law. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 25 takes away from or reduces your legal rights as a consumer.

If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms Of Service or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Toronto Ontario in Canada.

If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms Of Service or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Toronto Ontario Canada.

  1. Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

  1. Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

  1. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its Terms Of Service. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

  1. Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website www.stefmouchie.com/contact or please email Us at info@stefmouchie.com.

This document was last updated on September 2, 2021

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