Terms of Use and Purchasing Conditions

These Terms of Use and Purchasing Conditions (hereinafter, "Conditions") establish the terms governing the use of this website (www.tous.com/ca-en/) and the purchase of its products.

Please read carefully these Conditions, as well as our General Privacy Policy and Cookies Policy, both of which are available on the website. These Conditions may be modified, so it is your responsibility to read them periodically in order to know those in force at the time of making your purchase. If you have any questions, you can contact us at 416.479.4222 or send an email to info.ca@tous.com.

  1. INTRODUCTION

We inform you that 7872534 CANADA INCORPORATED (“TOUS CANADA”). is the company responsible for centralizing the sale of TOUS products. Thus, these Terms of Use and Purchasing Conditions are applicable to the relationship between 7872534 CANADA INCORPORATED (“TOUS CANADA”) (hereinafter, "TOUS" or the "Company") and you (hereinafter, the "Client"), regarding all transactions you make on the website www.tous.com/ca-en/ (hereinafter, “Online Store”).

7872534 CANADA INCORPORATED (“TOUS CANADA”) is a commercial Canadian entity, with address at 247 Davenport Road, Unit 100 – Toronto M5R 1J9 Ontario (Canada), and Company Tax Number (CIF): 81655 7912.

  1. DATA AND COMMITMENT OF THE CLIENT

The information or personal data that the Client provides us with will be treated in accordance with what is established in the General Privacy Policy of the TOUS Group, as well as in the specific privacy policies of each web form.

By making use of this website, the Client consents to the processing of their data and states that they are true and correspond to reality. Therefore, the Client agrees to:

  1. Make use of this website only for legally valid inquiries or orders;
  2. Not make any false or fraudulent orders. In case of evidence of falsehood or fraud, TOUS is authorized to cancel the order and inform the relevant authorities. Likewise, TOUS does not assume any type of liability for any damages and/or expenses that may arise from this.
  3. Provide TOUS with their email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, the Client agrees that TOUS may use this information to contact him/her, if necessary.
  4. Not to misuse this web page by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or damaging. The Client shall not try to have unauthorized access to this website, to the server on which this page is hosted or to any server, computer or database related to our website. Failure to comply with this clause could entail the commission of infractions specified by applicable regulations.

The Client declares that he/she is over 18 (eighteen) years old and has the legal capacity to enter into contracts. In this context, TOUS may verify, by whatever means it deems appropriate, compliance with the aforementioned requirement.

  1. AVAILABILITY OF TOUS' SERVICE AND PRODUCTS

The products offered on this website are only available in Canada. In the event that the Customer requests their shipment outside the aforementioned territory, TOUS reserves the right not to accept and/or cancel the order.

All TOUS product orders are subject to availability. In cases of difficulties in supply or a lack of stock, TOUS will inform the Client by email and refund them any amount that may have been paid.

  1. ORDERS

How are orders made?

To place an order, the Client must follow the online purchase procedure and click the button “CONFIRM ORDER”. Subsequently, the Client will receive an email acknowledging receipt of their order ("Order Confirmation") within 24 hours of placing it. The Client will also be informed, by email, that the order is being sent ("Shipping Confirmation"). Likewise, the Client can check the status of the order in “My Account” or by calling Customer Service.

If the Client has made an error when sending their data, they may modify them in the Section "My Account"; these data will be applicable for future purchases. If the error refers to an order in progress, the Client should contact Customer Service.

How is shipping and delivery made?

At the time the Client makes the payment, TOUS will ask them to choose the shipping method to be able to carry out the delivery of their order. Shipping costs will vary depending on the chosen shipping method, being automatically processed during the payment process and before finalizing the order.

Those orders and payment confirmations received after 12:00 noon (EST), shall be processed on the next business day. A business day is defined as working days from Monday to Friday, except for holidays marked on the official calendar.

The delivery time of an order is 3 to 5 full business days, as of the date of placing the order and payment of the corresponding price you can see during purchase process. If there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, TOUS informs you that delivery times may be subject to variations.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with a full refund of the price paid.

For the purposes of these Conditions, it shall be understood that the "delivery" has taken place or that the order has been "delivered" at the moment that the Client, or a third party indicated by the Client, acquires the material possession of the products, which will be confirmed by signing the order receipt at the agreed delivery address.

If this is impossible at the time of making the order delivery, it will be the user who will agree the new delivery date with the transport company.

Is it possible to check the status of the order and order history?

If the Client has their own account at www.tous.com, they can track their orders by visiting "My Account" and clicking on "See my order". There, the Client can see the history of their orders, as well as their status.

In the event that the Client is not registered and does not have the section “My Account”, they can contact TOUS Customer Service directly to inquire about the status of an order.

Can TOUS cancel an order?

TOUS reserves the right to cancel any order (even if previously accepted), not being liable for any damage and/or expense, in the following cases:

  1. When an inadvertent error has occurred at the online store; for example, a payment or stock error;
  2. When there are reasons to believe that the Client is a minor or that the credit card to be used does not meet the requirements described in these Conditions;
  • When the payment information provided by the Client is incorrect or not verifiable.
  1. When the shipping address provided by the Client is outside the territory, or the order cannot be delivered to the address provided by the Client.

Upon detecting any of these cases, TOUS will notify you by e-mail, in order to resolve the problem before taking any action.

  1. DISCONFORMITY OF THE PRODUCT

Once the order has been received, it is recommended that the Client check the status of the order and, if they identify any defect or disconformity, they may choose to (i) return the product, and for TOUS to return the corresponding purchase price, as well as all shipping costs that may have been paid, or (ii) replace the product with a new one in good condition, without additional charges.

  1. EXCHANGE AND/OR RETURN POLICY

i. Exchange and returns

If for any reason the Client is not satisfied with the product purchased at www.tous.com, they have 30 (thirty) calendar days from the date of purchase to return it.

TOUS will reimburse the full amount of the product price using the same means of payment as used by the Client for the initial transaction. The refund will be made within 14 calendar days of receipt of the goods at TOUS warehouses. Shipping and return costs will not be reimbursed, if applicable. Shipping costs will only be refunded if TOUS has delivered a different product by mistake, or with a defect.

Returns must be sent to the TOUS Returns Center at the following address:

E-Commerce Department (Returns)
247 Davenport Road
Unit 100
Toronto, ON
M5R 1J9 

This refund will be made under the responsibility of the Client, who must attach the purchase ticket and the corresponding certificate of authenticity. The product must be in perfect condition and in its original packaging. For perfumery products, their packaging must not have been opened.

The time it will take for the deposit to appear in the Client’s account will depend on their bank.

ii. Right of withdrawal

The Client has the right to withdraw from this contract within a period of 14 (fourteen) calendar days without need of any justification.

To exercise the right of withdrawal, it is necessary for the Client to notify TOUS of the decision to withdraw from the contract, through an unequivocal statement and by the following means:

  • Post

The Client may use the following text, although its use is not mandatory:

To the attention of:

7872534 CANADA INCORPORATED (“TOUS CANADA”)
E-commerce Department (Customer Service)
249 Davenport Road
Unit 100
Toronto, ON
Tel. 416 479 4222
Email:  info.ca@tous.com

I, Mr./Ms. _________________________, with address at _________________hereby inform you that I am withdrawing from our sales contract for the following good(s) (Reference number corresponding to each item purchased) ________________________ order number ____________________requested on _____________________and received on ____________________.

 Date:

 

Signature (only if presented on paper):

  • Email address

The Client may use the form specified in the previous section and send it to the following email: info.ca@tous.com

Consequences of withdrawal

In the event of withdrawal, TOUS shall return to the Client all payments received after the purchase, including shipping costs (with the exception of the additional costs resulting from the Client’s choice of a delivery method different from the least expensive delivery method offered), without any undue delay and, in any case, no later than within 14 calendar days, from the date he/she informs us of the decision to withdraw from this contract.

TOUS will proceed to make this reimbursement using the same method of payment used by the Client for the initial transaction.

TOUS may withhold reimbursement until the products have been received, or until proof of their return has been presented.

The Client must return or deliver the goods directly without undue delay and, in any case, no later than within 14 calendar days from the date on which they communicate their decision to withdraw from the contract.

Returns must be sent to our Returns Center at the following address:

E-Commerce Department (Returns)
247 Davenport Road
Unit 100
Toronto, ON
M5R 1J9 

This return will be made under the responsibility and at the expense of the buyer, attaching the purchase ticket and the corresponding certificate of authenticity. The piece must be in perfect condition and in its original packaging. For perfumery products, their packaging must not have been opened.

If you exercise the right of withdrawal, you will only be responsible for any decrease in the value of the products resulting from handling them, other than that necessary to establish their nature, characteristics or operation.

For more information about the conditions for returns, you can consult the "Returns" segment of the "Help" section.

  1. PURCHASING AS A GUEST

The TOUS website also allows for purchases through the guest purchase functionality. In this purchase modality, the Client will only be asked for the essential information to be able to process their order.

Once the purchase process is completed, the Client will be offered the possibility to register as a user or continue as a non-registered user.

  1. PRICES AND TAX

The prices of the products that appear on the website are those that apply at the time of purchase. Prices may be subject to change without prior notice, but this will not affect orders that have already been accepted.

All product prices, shipping costs and other services include VAT. Shipping costs are added per order. TOUS will always inform you of the total price, including all taxes and other costs such as fees and possible delivery costs.

The Client expressly authorizes TOUS to issue the invoice in electronic format, although they may at any time indicate their desire to receive a paper invoice, in which case we will issue and send the invoice in this format.

  1. PAYMENT METHODS

The payment methods accepted by TOUS are the following:

  • MasterCard
  • VISA
  • American Express
  • Paypal

If you try to pay in any other way, TOUS is not responsible for the loss of payment or any other damage caused by the Client's action.

Payment is only accepted in Canadian dollars.

TOUS is committed to protecting the personal information of its Clients, and to do so it will encode the data of their credit cards. Moreover, during the purchase process, the identification number (CVV) of the customer's credit card is required. The CVV is a numeric 3 or 4 digit value that provides encryption control of the information recorded on the card. This security feature is designed to protect the Client against fraud. CVVs will not be stored on our systems and the Client must provide the number each time they make a purchase at www.tous.com.

When the purchase request and the Client's data have been verified, and the products purchased have left the TOUS warehouse for shipment, the price will be charged to the Client's account.

When the Client clicks “AUTHORIZE PAYMENT”, they confirms that the credit card is theirs or that they are its legitimate holder. Credit cards will be subject to checks and authorizations by their issuing entity, but if that entity does not authorize payment, TOUS shall not be responsible for any delay or failure to deliver and may not enter into any contract with the Client.

  1. COUNTERFEIT ALERT

TOUS products are available exclusively on the TOUS website (www.tous.com), at TOUS stores, and at official distributor outlets. Buyers should be careful with products that can be sold through unauthorized channels. To avoid confusion, when buying in any authorized establishment, a certificate of authenticity is issued, which certifies the legitimacy of the product, and its validity with respect to any production defect.

Since its founding in 1920, TOUS has striven to guarantee high quality standards in all its products. All TOUS products have the seal of precious metals: Gold 18 kt (750/000) and Sterling Silver (925/000).

  1. CUSTOMER SERVICE

For any claim or query you can contact TOUS using the appropriate section of the website or the following means of communication:

Telephone: 416.479.4222

Email: info.ca@tous.com  

  1. RESPONSIBILITIES OF THE COMPANY

TOUS guarantees the quality of the service contracted through the Online Store.

All rights that the laws in force attribute to consumers and users are guaranteed.

Failure to comply with any of these Terms and Conditions may result in the return of the products or cancellation of the services purchased by the Client. 

  1. GUARANTEES

TOUS shall answer to the Client for any lack of conformity of the deliveries for a period of two years, as established by current regulations. The warranty regarding any damage caused by use or improper use is excluded, as well as in general any provisions excluded by current legislation.

For Customers who, at the time of purchase, are members of the My Tous program, the legal guarantee period of two years will be extended by one more year, as a commercial guarantee. Amounting to a total of three years, counting from the date of purchase.

  1. RESPONSIBILITY AND EXEMPTION OF LIABILITY

Unless expressly established otherwise in these Conditions, the liability of TOUS in relation to any product purchased on the website shall be strictly limited to the purchase price of this product.

All descriptions, photographs of products, information and materials that appear on this website are provided "as is" and without express or implied warranties on them, except those established by law. Some products may seem a bit larger or smaller compared to their actual size, due to the configuration of the screen and the photographic technique. Other items can be represented in a size larger than their actual size, in order to clearly show the details; or smaller than their actual size, in order to show the full article. In this sense, if the Client contracts as a consumer and user, TOUS is obliged to deliver items that are in accordance with the contract, answering to the Client for any lack of conformity that exists at the time of product delivery. Also, the color shades in the photographs of the products of the online store may be altered by the resolution of your monitor, and these may differ from the actual colors.

The products that we sell may present some variations due to the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in colors, sizes, textures, among others, will not be considered defects or faults.

TOUS shall not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically harmful or damaging that may affect the computer, computer equipment, data or materials of the Client as a result of the use of this web page or downloading its content or, where applicable, from redirected addresses.

  1. FORCE MAJEURE

TOUS shall not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when this is due to events that are out of our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat of war or preparations for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  4. Inability to use trains, boats, airplanes, motorized transport or other means of transport, both public or private.
  5. Inability to use public or private telecommunication systems.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that obligations shall be suspended during the period in which the "Cause of Force Majeure" continues, and TOUS shall have an extension of the deadline to fulfill these obligations for a period of time equal to the duration of the "Cause of Force Majeure". TOUS shall use all reasonable means to end the "Cause of Force Majeure", or to find a solution that allows it to fulfill its obligations despite the "Cause of Force Majeure".

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY

The Client acknowledges and agrees that all copyright, registered trademarks and other industrial and intellectual property rights regarding all contents of the website correspond to TOUS, or to those who granted TOUS a license for their use.

  1. COMMUNICATION IN WRITING

Applicable regulations require that part of the information or communications sent by TOUS be in writing. The Client, with the use of this web page, agrees that most of these communications with TOUS shall be electronic.

Thus, TOUS shall contact the Client by email or by posting notices on the website. For contractual purposes, the Client agrees to use this electronic means of communication and recognizes compliance with the legal requirement of written communication.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding both for the Client and for TOUS, as well as for their respective successors, assignees and assigns. The Client may not transfer, assign, encumber or, in any other way, transfer a contract or any of the rights or obligations derived therefrom, without having obtained the prior written consent of TOUS.

We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived therefrom, at any time during its term, without affecting the Client's rights in any way.

  1. WAIVER

A lack of requirement by TOUS regarding strict compliance with any of the obligations assumed by the Client, by virtue of a contract or of these Conditions, or the lack of exercise by TOUS of the rights or actions that may correspond by virtue of this contract or the Conditions, shall not imply any waiver or limitation in relation to these rights or actions, nor shall it exempt the Client from complying with such obligations.

No waiver by TOUS of a particular right or action shall constitute a waiver of other rights or actions arising from a contract or from the Conditions.

No waiver by TOUS of any of these Conditions or rights or actions arising from a contract shall take effect, unless it is expressly established that it is a waiver, and formalized and communicated to the Client in writing in accordance with the provisions mentioned above.

  1. COMPLETE AGREEMENT AND PARTIAL NULLITY

These Conditions, and any document expressly referred to therein, constitute the entire agreement between the Client and TOUS, in relation to the object of the same. Likewise, they replace any other covenant, agreement or previous promise agreed between the Client and TOUS, both verbally or in writing.

The Client and TOUS acknowledge having agreed to the signing of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two beforehand, except those which are expressly stated in these Conditions.

Neither the Client nor TOUS shall have the right to any action against any untrue statement made by the other party, verbal or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only action that the other party shall initiate shall be for breach of contract, in accordance with the provisions of these Conditions.

If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by this declaration of nullity.

  1. MODIFICATIONS OF THE CONDITIONS

TOUS reserves the right to revise and modify these Conditions at any time.

The Customer shall be subject to the policies and Conditions in force at the time they use this website or make each order.

  1. LANGUAGE, APPLICABLE LEGISLATION AND JURISDICTION

The language in which the contract between TOUS and the Client shall be formalized is English.

The use of our website and product purchase agreements using the website shall be governed by Canadian legislation.

Any dispute that arises or relates to the use of the website or the contracts in question shall be subject to the non-exclusive jurisdiction of the courts and tribunals of the Client's domicile.

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