TERMS OF USE

 
 

 

By using Mendocino.ca you are entering a legally binding agreement.

Please read the Terms of Use carefully, as your use of the Mendocino.ca website (the “Web Site”) constitutes your acceptance of this Terms of Use. Do not use the Web Site if you are unwilling or unable to be bound by the Terms of Use. The Terms of Use include and incorporate the Privacy Policy.

By using the Web Site to make online purchases of products, you agree to be bound by and accept the terms of use set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by these terms.

By using and accessing the Web Site, you represent, warrant, understand and agree:

1.       To accept, comply with, and be bound by these Terms of Use.

2.       That you have the right, authority and capacity to abide by these Terms of Use.

3.       To comply with all applicable laws, rules and regulations concerning your access to and use of the Web Site.

4.       You are over 18 years of age.

5.       You agree that your use of this Web Site is governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflict of law.

6.       If you choose to access this site from outside of Canada, you do so of your own volition and are solely responsible for complying with any applicable local laws.

 

You are responsible to regularly review these Terms of Use. Mendocino Clothing Company Ltd. (Mendocino) reserves the right to update, change, modify or otherwise alter these Terms of Use at any time without notice and are effective immediately upon posting. Any use of the Web Site after said changes have been made constitute your agreement to the updated Terms of Use.

 

If you do not want to be bound by these Terms of Use, do not use or access Mendocino.ca. Mendocino has the sole right to terminate your use of Mendocino.ca at any time, for any reason.


Use and Access

You may use the Web Site solely for your personal and non-commercial use. Amongst other things you agree not to:

·         Hack into the Web Site or modify another website so as to falsely imply that it is affiliated with the Web Site.

·         Damage, disable, overburden, transit any worms, viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Web Site.

·         Access or attempt to access any password protected, secure or non-public areas of the Web Site.

·         Mendocino reserves the right to refuse service, products, promotions, and other special offers to any individual at our sole discretion.

·         Any use of the Web Site is done at the user’s own risk and discretion.

Illegal and/or unauthorized uses of the Web Site will be investigated and will be subject to appropriate legal action.

By using the Web Site you agree (opt-in) to the receipt of commercial email messages (CEM) related to the business of the Web Site. You may withdraw your consent (opt-out) by contacting Mendocino by any means. Even when your consent is withdrawn, Mendocino may contact you where such contact is deemed necessary for the proper management of your account or use of the Web Site.

Mendocino has the right to modify or terminate the Web Site at any time without prior notice. In the event of a website termination, you will still be bound by your obligations under this Terms of Use.

Intellectual Property

Mendocino owns and has the right to use all content on the Website and all such content is protected under copyright law. Any use of the content from the Web Site in whole or part, without written consent from Mendocino is strictly prohibited.

It is agreed by the user that any user generated content that you post, upload, send or submit to the Web Site shall be true, accurate, and complete. You will not use the Web Site to communicate any negative, racist/discriminating, vulgar, sexually explicit, defamatory, abusive, anti-Semitic, gender discrimination, sexual preference discrimination, religious discrimination, or hateful thoughts or use the Web Site to promote illegal activity, through posting of comments or images.

Indemnity

By using the Web Site, you agree to indemnify, defend and hold harmless Mendocino (including but not limited to, its affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages of any kind.

Our Links to Other Sites

The Web Site may offer links to other websites for your information and convenience. If you use one of these links, you will be leaving the Web Site. Our Terms of Use and Privacy Policy do not apply to those outside websites, which have their own policies and terms. Mendocino is not responsible in any way for your use of these outside links. Once visited Mendocino strongly advises for you to review all of their policies, terms and conditions.

In no event will Mendocino be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of the Web Site or any other linked sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from the use of reliance on the information present, even if Mendocino is expressly advised about the possibility of such damages.

Product Availability and Pricing

The availability of certain products may be limited and certain products may not be available for immediate delivery. Mendocino may revise or cease to make available any products at any time without prior notice. In the event that Mendocino is unable to complete a delivery because of a lack of product, Mendocino will notify you via email and your order will be automatically cancelled.

Mendocino reserves the right at our sole discretion to change prices and/or descriptions of product, and limit quantities and availability of our product.

The list price displayed for products on the Web Site represents the full retail price in Canadian Dollars without tax, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. List prices on this Web Site may not be the same as prices listed in Mendocino retail stores.

Product is displayed as accurately as possible, however the colours of the product shown on this Web Site may be dependent on your computer monitor. We cannot guarantee that your monitor’s display of any colour will be accurate.

Ownership/Risk of Loss

All products purchased from Mendocino are delivered to you by a third party delivery company such as FedEx, pursuant to a shipping contract. You shall become the owner of your ordered product and shall assume the risks of loss at the time of delivery by Mendocino to the third party delivery company. The shipment of your purchased product shall be governed by the third party delivery company’s shipping terms and conditions and any insurance that such company may have in respect of such shipment. Mendocino expressly disclaims any and all liability associated with any damage to the product during shipment or any failure of the third party delivery company to deliver such product or any delay in such delivery.

Fraud

Fraudulent activity is highly monitored on the Web Site. If fraud is detected, Mendocino shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

Personal Information

To view Mendocino’s Privacy Policy please click here.

Payment

For payment inquires please visit our Shipping + Returns.

Shipping

For shipping inquires please visit our Shipping + Returns.