TERMS & CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of www.misfitsapparel.com (the "Site" or "Website"). This Site is owned by Sorya Tran and operated jointly by Sophia Tran and Saveth Sao.

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By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

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THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

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// INTELLECTUAL PROPERTY

All contents published and made available on our Site is the exclusive property of Misfit Apparel and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and that contributes to the composition of our Site.

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// ACCOUNTS

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. 

 

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

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// SALE OF GOODS

These terms and conditions govern the sale of goods available on our Site:

• Apparel, and

• Accessories

 

These Terms and Conditions apply to all goods displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your risk. 

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We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a full refund in the amount you paid in the original payment method. You agree that it is your responsibility to monitor your payment instrument to verify recipient of any refund issued by Misfit Apparel.

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// PAYMENTS

We accept the following payment methods on our Site:

• Credit Card;

• Debit; and

• PayPal.

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When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

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If we believe your payment has violated any laws or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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// SHIPPING AND DELIVERY

When you purchase goods from our Site, the goods will be delivered through the following methods:

• Standard delivery by Purolator

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Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays. 

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You will not be charged for the delivery of the goods you purchase on our Site.

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You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

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// REFUNDS

A refund request must be made within 30 days after the next calendar day of receiving your good(s).

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Refunds do not apply to the following goods:

• Final sale items;

• Bulk orders greater than three (3) items; and

• Custom order(s)*.

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*Custom Order(s) are subject to our Satisfaction Guaranteed Policy. If you are not satisfied with the product, please contact our Customer Support Team at misfits@misfitapparel.com with your concerns. We will then send you a new custom product with adjustments at no additional cost. The Satisfaction Guaranteed Policy does not apply to bulk custom orders greater than three (3) products. With that said, we ask that our valued customers purchase one custom order then in bulk after they are satisfied with the first order. 

 

Returns will be made by mail. To return a good by mail, please follow the following procedure:

Contact our customer support team and we will e-mail you a pre-paid shipping label. Please use the same packaging you received; however, if the packaging was destroyed when opening the parcel, thrown out, or does not have a double seal, please purchase a mailer at your local postal office. Any purchase of mailers at a postal office for the purpose of sending Misfit Apparel refunded or exchanged goods will be reimbursed via store credit. Please take a picture of the receipt and send it to our customer support team.

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All eligible refunds will be refunded via the original payment method.

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// CONSUMER PROTECTION LAWS

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is no conflict between These Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

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// LIMITATIONS OF LIABILITY

Sorya Tran and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of this Site or purchase of any goods.

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// INDEMNITY

Except where prohibited by law, by using this Site you indemnify and hold harmless Sorya Tran and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditons. 

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// APPLICABLE LAW

These Terms and Conditions are governed by the laws of the Province of Ontario.

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// DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms and Conditions, if you and Sorya Tran are unable to resolve any disputes through informal discussion, then you and Sorya Tran agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Sorya Tran. The costs of any arbitration will be shared equally between you and Sorya Tran.

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Notwithstanding any other provisions in these Terms and Conditions, you and Sorya Tran agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief of intellectual property infringement.

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// SEVERABILITY

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or inavlid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will continue to be valid and enforceable. 

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// CHANGES

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operator our Site and the way we expect our users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

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// CONTACT DETAILS

Please contact us if you have any questions or concerns via email at misfits@misfitapparel.com.