The following General Terms and Conditions of Sale govern the sale of merchandise by Moncler Canada Ltd (“Moncler” or “we”), to you through the Canadian section of moncler.com (“Site”). The Site is available only for purchases made and delivered in Canada. Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
1.ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by us. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that, while we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.
To be able to buy products from the Canadian Site you must provide a delivery address in Canada. Certain addresses will be ineligible for product purchase and deliveries, including PO Box addresses. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or for instance to have a valid PayPal or Apple Pay account. You must be at least 18 years of age to purchase products from the Canadian Site.
All prices are in Canadian Dollars. Prices may change without notice. The estimated order total (Total amount due) is inclusive of federal and provincial taxes applied according to the Province of your shipping address. An estimation of the tax charges will be indicated in the Confirmation page of the Shopping Bag. This estimation will be equal or less than the exact taxes applied in the final invoice. Exact tax charges will be calculated automatically after your order is shipped. The taxes charged, shipping costs, and tax rate applied are indicated along with the price of the item(s) along with the final order total in the invoice you will receive with the Shipping Confirmation e-mail. Depending on the tax laws in your Province, you may be required to pay further taxes on purchases for which taxes has not been collected. All prices are inclusive of customs and import duties. Unless you provide Moncler with a valid tax exemption certificate prior to acceptance of your order by Moncler, you are responsible for all taxes associated with the order, except taxes on Moncler's net income.
Moncler is responsible for the shipping costs associated with the standard delivery of the products you purchase on the Site as specified on your order confirmation.
4.SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the products from the time the same have cleared our fulfilment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier.
5.RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
7.GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of British Columbia, Canada(without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the city of Vancouver, British Columbia,Canada.
8.DISCLAIMERS AND LIMITATIONS OF LIABILITY
Moncler makes no representations or warranties and conditions of any kind, express or implied, as to the products included in the moncler.com Site nor as to the merchandise being sold to you, unless otherwise specified in writing. To the fullest extent permissible by applicable law, Moncler disclaims all warranties and conditions, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement, and there are no warranties or conditions, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. Moncler will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages.
Certain local laws do not allow limitations on implied warranties and conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
Moncler shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.