Agreement to Terms
Welcome to SminuGunpa Wear. By accessing or using our website at sminugunpa.media (the "Website") and our services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Website or services.
These Terms constitute a legally binding agreement between you and SminuGunpa Wear ("Company," "we," "our," or "us"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.
Eligibility
You must be at least 18 years old to use our Website and purchase our products. By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.
Account Registration
To access certain features of our Website, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or contain false, misleading, or offensive information.
Product Information and Pricing
We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free.
We reserve the right to:
- Modify product offerings and pricing at any time without notice
- Limit quantities available for purchase
- Discontinue products at any time
- Correct pricing errors, even after an order has been placed
All prices are listed in Canadian Dollars (CAD) and are subject to applicable taxes unless otherwise stated.
Orders and Payment
Order Acceptance
Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity.
Payment Terms
Payment must be received before we process your order. We accept major credit cards, debit cards, and other payment methods as indicated on the Website. By providing payment information, you represent and warrant that:
- You are authorized to use the payment method
- The information you provide is accurate
- You will pay all charges incurred
Taxes
You are responsible for all applicable taxes, duties, and customs fees associated with your purchase.
Shipping and Delivery
We will make reasonable efforts to deliver products within the estimated timeframe provided at checkout. However, delivery dates are estimates and not guaranteed. We are not liable for delays caused by shipping carriers, customs, or events beyond our control.
Risk of loss and title for products pass to you upon delivery to the shipping carrier. You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by you.
Returns and Refunds
Return Policy
We accept returns of unworn, unwashed items with original tags attached within 30 days of delivery. Custom or personalized items are final sale and cannot be returned unless defective.
To initiate a return, contact us at [email protected] with your order number and reason for return. We will provide return instructions and a return authorization.
Refunds
Once we receive and inspect your return, we will process your refund to the original payment method within 10 business days. Shipping costs are non-refundable unless the return is due to our error or a defective product.
Quality Guarantee
If any product is defective or does not perform as described within one year of purchase, we will replace it or provide a full refund at our discretion.
Intellectual Property Rights
All content on this Website, including text, graphics, logos, images, designs, and software, is the property of SminuGunpa Wear or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not:
- Reproduce, distribute, modify, or create derivative works from our content
- Use our trademarks, logos, or branding without written permission
- Frame or mirror any portion of the Website
- Use automated systems to access or collect data from the Website
Prohibited Uses
You agree not to use the Website for any unlawful purpose or in any way that:
- Violates any applicable laws or regulations
- Infringes upon the rights of others
- Transmits harmful code, viruses, or malware
- Attempts to gain unauthorized access to our systems
- Interferes with the proper functioning of the Website
- Impersonates any person or entity
- Harasses, abuses, or threatens others
- Collects personal information without consent
User Content
If you submit reviews, comments, or other content to our Website, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content for our business purposes.
You represent and warrant that any content you submit:
- Is accurate and not misleading
- Does not violate any third-party rights
- Does not contain offensive or inappropriate material
- Complies with all applicable laws
We reserve the right to remove or modify any user content at our discretion.
Third-Party Links
Our Website may contain links to third-party websites. These links are provided for your convenience only. We do not endorse or assume responsibility for the content, privacy policies, or practices of third-party websites. Your use of third-party websites is at your own risk.
Disclaimers
THE WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Website will be uninterrupted, secure, or error-free
- Defects will be corrected
- The Website is free of viruses or harmful components
- Results from using the Website will meet your expectations
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMINUGUNPA WEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless SminuGunpa Wear, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of the Website
- Your violation of these Terms
- Your violation of any rights of another party
- Your conduct in connection with the Website
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising from these Terms or your use of the Website shall be resolved through binding arbitration in Vancouver, British Columbia, in accordance with the rules of the British Columbia International Commercial Arbitration Centre. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SminuGunpa Wear regarding your use of the Website and supersede all prior agreements and understandings.
Contact Information
If you have questions about these Terms of Use, please contact us:
SminuGunpa Wear
1285 West Pender Street, Suite 600
Vancouver, BC V6E 4B1
Canada
Email: [email protected]