ORDERING PROCESS
All advertisements on the Site are invitations to purchase and not offers to sell. Klēn label reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by Klēn label but does not constitute acceptance of your order. Klēn label reserves the right at any time after receipt of your order to accept or decline your order for any reason and Klēn label will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Klēn label rejects the order, Klēn label will have no obligation to fulfill your order and you will have no obligation to pay Klēn label for the order.
AVAILABILITY
The purchase of products on the Site is subject to availability. In the event that Klēn label advises you that such products are no longer available, Klēn label will have no obligation to fulfill your order and you will have no obligation to pay Klēn label for the order.
SHIPMENT
Your order will be shipped via Canada Post and/or UPS to the delivery address specified by you during the order process. Klēn label is not responsible for any loss of the products following shipment from Klēn label 's or its agents’ or mandataries’ facilities to your delivery address.
CHANGES TO THE TERMS OF PURCHASE
Klēn label may at any time modify these Terms of Purchase by providing you notice, via e-mail or mail, to the e-mail or billing address associated with your account, all in accordance with applicable laws.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL Klēn label BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT.
TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS.
GENERAL
Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Klēn label with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Klēn label to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Klēn label will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Klēn label. These Terms of Purchase will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Klēn label and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail. It is the express wish of the parties that these Terms of Purchase and all related documents be drawn up in English.