Terms of Use

Updated January 5, 2022

Please read these terms of use advisedly before using this website. Your use of the website constitutes your agreement to these terms of use (the "Terms and Conditions").

Full general

Welcome to the website of TOMS Shoes, LLC (including any of its subsidiaries or corporate affiliates, collectively, "TOMS," "we" or "us"). Any person accessing or using the website and whatever associated webpages (collectively, the "Website") is referred to equally "you".

We ask that you review and bide by these Terms and Conditions, our Privacy Policy and any other terms and conditions that may appear on the Website from time to time. Your utilise of the Website constitutes your agreement to these Terms and Weather condition, and we reserve the right to revise these Terms and Atmospheric condition at any time without observe to you. When we make revisions, we will post them on the Website and they volition exist effective immediately upon posting. You concur to check this section periodically to be aware of any changes to the Terms and Conditions. Your continued use of the website later the posting of any revisions shall be considered your agreement to the modified Terms and Conditions. If you lot do not concur to these Terms and Conditions, delight do not use this Website.

This Website and its Content (as divers below) are intended solely for personal and non-commercial use past y'all. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.

Privacy

Please accept a few moments to review our Privacy Policy which describes the drove and use of information on the Website.

Orders; Terms of Sale

By placing an order with usa, you lot are (i) offering to purchase a product and/or service, (2) representing that you are at to the lowest degree the age of majority in your province of residence or in the province from which you access this Website, whichever is greater, (3) representing that all information yous provide to us in connection with such order is truthful and authentic, and (four) representing that y'all are an authorized user of the payment method provided. If you are under the age of bulk in the jurisdiction in which you reside or admission this Website, your parent or guardian should utilise this Website on your behalf and y'all should not use the Website on your own or provide any personal data to TOMS®. We do not knowingly collect information from children nether the age of 13.

When you lot transport us your order, we may verify certain items before the guild is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.

We reserve the right to: (a) refuse any order you place with the states; (b) right whatsoever errors, inaccuracies or omissions (including but non limited to the toll) with regard to the products or services offered; (c) modify or update information in connexion with any products or services offered; and (d) change or cancel your lodge, whether or not the order has been confirmed, each at any time without notice to you (including later you have submitted your guild) and without liability to you. If we change your order, we volition endeavor to give y'all prior observe of this and provide yous with the opportunity to cancel the order in its entirety. If we cancel your gild, we will effort to notify you by contacting you via the contact data you provided at the time the order was made. We reserve the right to limit, reject, modify, or abolish orders that, in our sole judgment, appear to be placed past unauthorized parties, including resellers.

If your payment method has already been charged for an order that is later modified or cancelled, TOMS® shall issue y'all a refund in the corporeality of the incorrect cost dorsum to your original method of payment. We apologize for whatsoever inconvenience this may crusade you lot.

TOMS® accepts the following methods of payment on TOMS.com/ca: Visa, MasterCard, TOMS® Gift Cards (electronic or physical) and TOMS® shop credit. Delight come across Section 17 below for further details regarding your use of TOMS® Gift Cards and store credit. Any payments made by whatsoever credit menu are subject to the approving of the financial institution that has issued the credit carte du jour.

Please see our Questions for further helpful data.

Production & Pricing Information

This Website is directed only at Canadian customers and prospective customers.

Select TOMS® products displayed on the Website may be bachelor in select stores in Canada while supplies last. Please come across our Shop Locator for data on our retailers in Canada.

All prices and products advertised are field of study to change. Although the Website is composed with care, information technology may happen that the pricing information on the Website contains errors. Nosotros are not bound by our offering or whatever prices on the Website and nosotros therefore reserve the right to change or abolish your purchase in the event of spelling, pricing, or other errors on the Website.

All prices displayed on the website are quoted in Canadian dollars ($).

Aircraft costs are practical per order and depend on where your lodge is shipped and by what method. Aircraft costs and all other applicable taxes, fees or charges of whatsoever nature shall exist added to the total amount of your purchase and will exist displayed prior to checkout. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with your order.

The images of the products on our Website are for illustrative purposes only. Although we have made every attempt to brandish the colors accurately, we cannot guarantee that your computer's display of the colors accurately reverberate the actual colors of the product(s). Your product(due south) and the packaging of your product(southward) may vary from that shown on images on our Website.

Aircraft, Delivery, Returns and Exchanges

Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. All orders send with Ground Shipping. Ground Shipping delivers to all residential and concern mailing addresses in Canada, as well as postal boxes.

TOMS® does not ship internationally. Orders placed on the Website (www.toms.com/ca) will only ship to addresses located in Canada. If you would like to transport to international locations, please see our Shipping Questions for further information on international locations to which nosotros send.

While near of our products can be returned, nosotros cannot take returns of Gift Cards or any items that are marked "Final Sale".

Item(due south) that are unworn, unwashed and unaltered, or items that you believe have a manufacturer's defect may be returned inside xxx days from appointment of purchase. All returnable items should be returned unworn, in their original packaging and in saleable condition. Your refund will reverberate the total corporeality you paid for the product(s) y'all are returning. However, yous will non be refunded any original shipping costs you lot may have paid for the commitment of the production(south) to you.

Y'all may choose to receive your refund back to your original method of payment or in the class of a TOMS® store credit.

Please note that you will be required to encounter the cost of returning any product(due south) to TOMS®. All returns should exist addressed to our distribution centre based in Surrey, British Columbia, Canada at:

TOMS Returns
C/O NRI
19332 24th Ave
Surrey, British Columbia, V3Z 3S9

The hazard of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the production(s) to the shipping carrier.

We do not offer exchanges at this time. Nosotros apologize for any inconvenience this may cause you.

You may contact our Client Service team to assist you with returning your production(s): 800.975.8667

Warranty For Defective Products

Refer to Shipping, Delivery, Returns and Exchanges.

Call back

Y'all agree to cooperate fully with u.s.a. and will provide all reasonable aid in the event we recall any product(due south), at our sole expense. Please notify u.s.a. immediately if you know or suspect at that place is a possibility of products becoming or needing to go the discipline of a recall.

Intellectual Property Rights; Content

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, merchandise clothes, software, specifications, advertisements, titles, names, User Generated Content (as defined beneath), and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade wearing apparel, and/or trademark laws of Canada and other jurisdictions, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed past TOMS®. Delight note that certain trademarks, product names, company names, logos, service marks or fabric displayed on the Website may be owned past third parties, and y'all empathise that you are not authorized to display or utilise such without the prior written permission of the relevant third party.

TOMS®, Ane for 1, TOMS Type Logo, One for One, TOMS Flag Logo and all related names, logos, product and service names, designs and slogans are trademarks of TOMS® or its licensors. Such marks cannot exist used without the prior written permission of TOMS®.

Except as may be expressly permitted past TOMS®, you may not use, reproduce, copy, publish, transmit, distribute, display, post, modify, perform, download, license, lease, translate, create derivative works of, opposite engineer, disassemble, decompile, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software. Yous may not utilise whatever meta tags or any other "hidden text" utilizing TOMS®' trademarks or related names or slogans. You are hereby granted a non-sectional, non-transferable, express and revocable license to view the Content on the Website, but just while accessing the Website. No correct, championship or involvement in or to any downloaded materials or software is transferred to y'all as a result of whatsoever such downloading or copying. Except every bit otherwise provided herein, nothing in these Terms and Weather condition shall exist construed equally conferring, in whatever way whatsoever, whatsoever license or right including but not limited to copyright, patent, trademark or other intellectual belongings or right of TOMS® or any other person or entity. All rights not expressly granted in these Terms and Conditions are reserved to TOMS®.

All the same the foregoing, TOMS® authorizes you to make one electronic or newspaper copy of the data posted on any page of this site provided that the copy is used solely for personal and non-commercial purposes and provided that in each and every instance such copy remains protected by all copyright, trademark, service mark and other proprietary notices and legends contained on the Website. The foregoing license independent in this paragraph does not include: (i) whatever resale of this Website, Content or any other materials contained herein, (ii) any collection of production listings, descriptions or prices, (iii) any other derivative use of this Website, Content or other materials contained herein, (iv) any downloading of copying of information for the benefit of any merchant, or (five) any use of data mining, robots, or similar information gathering and extraction tools.

The Content may incorporate omissions, errors, or may exist out of date. The Content is provided for informational purposes only and TOMS® is under no obligation to proceed the Content updated. TOMS® may, in its sole discretion, change, delete, update, modify or otherwise modify the Content at whatsoever time without providing notice to you.

Whatsoever apply of the Website, including but not limited to the Interactive Areas (as defined beneath), in violation of these Terms and Conditions may outcome in termination or interruption of your permission to apply the Website, and an immediate revocation of any license(due south) granted in these Terms and Weather without notice to you lot.

User Generated Content

Every bit used in this Department, (i) "User Generated Content" means letters (including e-mail), information, data, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which yous or other Website users may postal service comments, content, letters, materials or other items on the Website.

Generally

User Generated Content posted to, distributed, sent, displayed or submitted by your using the Website, is accounted non-confidential and non-proprietary, and TOMS® is under no obligation to treat such User Generated Content as proprietary or confidential data. Without limiting the foregoing, TOMS® reserves the correct to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to postal service information technology. TOMS® is nether no obligation to offer you lot any payment or bounty for User Generated Content, to answer to any User Generated Content, or to attribute authorship of User Generated Content to you lot. If, all the same, however the foregoing, under any applicable law it is determined that you retain proprietary rights (including moral rights) in and to all or part of the User Generated Content which you lot take posted to, distributed, sent, displayed or submitted by your using the Website, y'all:

  1. hereby grant to TOMS® a non-sectional, royalty-gratuitous, perpetual, transferable, irrevocable, fully paid-upwardly, worldwide, and sublicenseable right to use, copy, reproduce, modify, accommodate, translate, distribute, transmit, publish, download, mail service, lease, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable police;
  2. grant TOMS® and its subsidiaries the right to employ your name in connection with such User Generated Content, discipline to TOMS®' Privacy Policy;
  3. represent, warrant and covenant that:
    1. y'all own and command all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to postal service and distribute such User Generated Content on or through this Website;
    2. such User Generated Content is truthful, accurate, consummate, and not misleading and does not infringe or otherwise violate or alienation any applicable laws or regulations;
    3. the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could non violate whatever rights of, or cause or could cause injury to, whatsoever tertiary person or entity (including without limitation confidentiality rights);
    4. yous won't require that whatsoever personally identifying information be used in connection with the User Generated Content;
    5. you won't oppose the publication, use, modification or deletion of the User Generated Content past TOMS®; and
    6. you waive and will not claim or affirm any entitlement to any moral rights in any of the User Generated Content, to the extent permissible nether applicable police force.
  4. further grant TOMS® the right to pursue before any appropriate forum any person or entity that violates TOMS®' or your rights under whatsoever applicable constabulary in the User Generated Content.

Interactive Areas

This Website may contain Interactive Areas. If TOMS® provides such Interactive Areas, you are solely responsible for your apply of such Interactive Areas and y'all use them at your own adventure. By way of instance, and not as a limitation, you concord that when using any of the Interactive Areas, you will not mail service, upload, transmit, distribute, shop, create or otherwise publish whatever of the following:

  1. Material that is sexually explicit, trigger-happy, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a 3rd party, abusive, inflammatory, fraudulent or otherwise objectionable or which could otherwise give rising to ceremonious or criminal liability under Canadian or international police;
  2. Material that promotes illegal drugs, tobacco or firearms use;
  3. Textile that constitutes hate speech or encourages or provides instructions for a criminal criminal offence, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, municipal, provincial, federal or international laws or regulations;
  4. Cloth that may borrow whatsoever privacy, patent, trademark, merchandise hole-and-corner, copyright or other intellectual or proprietary right of any tertiary party;
  5. Material that uses the names or likenesses of persons living or dead or their holding without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your amalgamation with whatsoever person or entity;
  6. Advertisement or links to other commercial websites;
  7. Names, postal addresses, telephone or telecopy numbers, e-mail addresses, commuter licenses, Social Insurance, national identity, passport and/or credit card numbers or other personally identifiable data of any third party;
  8. Viruses, corrupted information or other harmful, confusing or destructive files;
  9. Material that is unrelated to the topic of the Interactive Areas in which such material is posted;
  10. Textile that communicates messages inconsistent with the goodwill of TOMS® or which otherwise violates these Terms and Weather condition; or
  11. Cloth that, in the sole judgment of TOMS®, is objectionable or which may betrayal TOMS®, you lot or other Website users to any impairment, prejudice or liability.

To the extent possible under applicable law, TOMS® takes no responsibleness and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you lot, or for whatever loss or damage thereto, nor is TOMS® liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by tertiary parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable constabulary, TOMS® is not and shall not exist liable for whatsoever statements, representations or User Generated Content provided by its users on this Website. TOMS® has no legal or contractual obligation to screen, edit or monitor whatsoever of the User Generated Content posted, published, displayed or uploaded to or through whatever Interactive Area and makes no merits that it volition practice so. Yet, TOMS® reserves the option and right, at its sole discretion, to remove or modify whatever User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for whatsoever reason whatsoever.

Unsolicited Ideas Submissions

TOMS welcomes your feedback regarding our existing products, marketing strategies, business organization and customer service, subject to Section ix above. Feel free to contact us with your valuable feedback.

However, our company policy does not allow usa to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advert campaigns, promotions, One for One ideas, product enhancements, processes, materials, designs, marketing plans, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in whatsoever form to TOMS or any of its employees. Since TOMS is constantly developing new ideas, strategies and products, we hope that you will empathise that this policy is intended to help TOMS avert potential misunderstandings or disputes when TOMS' products, lines of business or marketing strategies might seem similar or even identical to Submissions fabricated to TOMS.

If, despite our policy, you lot however provide your Submissions to TOMS, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:

  1. TOMS shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to yous;
  2. You hereby irrevocably transfer and assign to TOMS all of your right, championship and interest in and to all Submissions, including all intellectual property rights therein. At TOMS's request and expense, you will execute documents and take such further acts every bit TOMS may reasonably asking to assist TOMS to learn, perfect and maintain its intellectual property rights and other legal protections for the Submissions. Y'all also acknowledge and agree that TOMS is engaged in creating and developing its own programs, plans and projects so it is possible that we are already independently developing products, services, plans and projects that are quite similar and/or competitive to your Submissions (including the concepts contemplated by or embodied therein). Nada in these Terms and Weather will be construed every bit a representation or agreement that we will not develop or have adult, distribute, market or promote applications, services, products, concepts, systems or techniques that are like to and/or compete with the applications, services, products, concepts, systems or techniques contemplated or embodied in whatever Submissions or recoup you or provide you with any input or response with regard to your Submissions.
  3. TOMS may utilize, copy, reproduce, modify, adapt, translate, distribute, transmit, publish, download, post, lease, create derivative works of, brandish, perform, and otherwise disembalm or contain into other works the Submissions for any purpose in any mode, without bounty to y'all or whatever other person or party; and
  4. TOMS is non and shall be under no obligation to pay any compensation for whatever Submission, attribute ownership of any Submission to you, or respond to any Submission.

Notwithstanding the foregoing, TOMS® does not wish to receive Submissions from yous that are or may be considered confidential, nor does TOMS® agree to keep whatever such Submissions confidential.

Third Political party Content; Links to Third Party Websites

Any content (including Content), products or services posted on, transmitted through, or linked to by third parties from, the Website are the sole responsibility of the third-political party originator of such content. TOMS® does not control, approve, sponsor or endorse any third-political party content (including Content), products or services posted on, transmitted or linked through the Website and nosotros make no representations regarding, and are non liable or responsible for the accuracy, abyss, timeliness, reliability or availability of any third-political party content (including Content), products or services. Links to whatever tertiary-party content (including Content) are provided for your convenience only. If you cull to access whatsoever tertiary-party content (including Content), yous agree that you lot do so at your own hazard and TOMS® is not responsible or liable for whatever loss or damage of any sort that you may incur equally a result of any third-party content (including Content), products or services.

This Website may incorporate links to third-political party services and resources. Y'all admit that (a) TOMS® is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) TOMS® is non responsible for whatsoever other form of transmission received from whatever linked website. TOMS® is providing these links to you merely equally a convenience, and the inclusion of whatever link does not imply endorsement by TOMS® of the website. Any concerns regarding any such link should be directed to the particular 3rd party website.

Access to and Use of Website; Acceptable Use Policy

We do not guarantee that the Website, or whatsoever Content on it, will ever be available or uninterrupted. Access to the Website is permitted on a temporary ground. We may append, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for whatever menstruum.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

Acceptable Employ Policy

Past using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Weather. By manner of example and not limitation, yous agree not to:

  • alter, re-create, distribute, transmit, display, lease, translate, perform, reproduce, publish, license, create derivative works of, reverse engineer, disassemble, decompile, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • hack into the Website, the server on which the Website is stored, or whatsoever server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;
  • modify another website so every bit to falsely imply that it is associated or affiliated with the Website;
  • harm, disable, overburden, transmit any worms, bugs, trap doors, viruses, trojans, logic bombs or other textile of a destructive nature or other harmful code or properties, or interfere with any other party's employ and enjoyment of the Website;
  • violate whatsoever applicable laws, rules or regulations in Canada or in your province of residency or the province from which you lot access the Website;
  • use any automatic or manual carry, device, process, software, program, algorithm, methodology or routine, including but non limited to a "robot," "spider" or other like process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the performance of the Website; or
  • employ the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell whatever appurtenances or services, to carry or forrard surveys, contests, or chain messages, or for whatsoever purpose that is prohibited past these Terms and Weather.

Account Security

For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (nether any user proper name or password) and for ensuring that all use of your business relationship complies fully with the provisions of these Terms and Weather. Y'all shall exist responsible for protecting the confidentiality of your user name(s) or password(s), if whatever.

Indemnification

You agree to defend, indemnify and hold harmless TOMS®, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers, and distributors from and confronting whatsoever and all claims, actions, demands, charges, complaints, amercement, losses, liabilities, costs and expenses (including but non limited to attorneys' fees), arising from or in connectedness with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, TOMS®, and/or its agents, third party licensors or licensees, (c) your breach of whatever provision of these Terms and Conditions or any representations you provide herein, and/or (d) your employ of the Website or purchase of any products or services from the Website. TOMS® reserves the correct to take exclusive control and defense of whatsoever claim discipline to this indemnification by you lot, in which event you will cooperate fully with TOMS® in asserting any and all available defenses.

Disclaimer And Exclusions; Warranties

Except as expressly set forth in these Terms and Conditions, you expressly understand and agree that the website, content, products and/or services on the website are provided "as is" and on an "as available" basis. To the fullest extent permitted by law and except as expressly set forth in these Terms and Atmospheric condition, TOMS® disclaims all warranties, limited or implied, statutory or otherwise, including, merely not limited to, warranties of merchantability, fitness for a detail purpose, privacy, security and not-infringement. TOMS® does not represent or warrant that the website will exist uninterrupted or error-free, that whatever defects will exist corrected, or that the website or the server that makes the website available are free from viruses or annihilation else harmful. Farther, except equally expressly gear up along in these Terms and Conditions, TOMS® makes no warranties or representations about the accuracy, adequacy, usefulness, reliability, or completeness of the website, products, services, content, the content of whatsoever 3rd-party website linked to or from this website, user generated content, submissions, information, giving data made by TOMS® or its giving partners, information provided by our Marketplace vendors, or any other items or materials on the website or linked to or from the website.

TOMS® assumes no liability or responsibility for whatever (a) , except equally expressly set forth in section 6 of these Terms and Weather condition, errors, mistakes or inaccuracies of the content, products, services, information, website and materials set forth on or made bachelor through the website, (b) personal injury or property damage, of any nature whatsoever, resulting from your admission to or use of the website, products, services or whatsoever third party website(s), products or services, (c) whatsoever unauthorized access to or employ of the servers that host the website or any third party website(due south) and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the website or third political party website(south), (east) whatever bugs, viruses, trojan horses or the like, which may be transmitted to or through the website or whatsoever 3rd party website(s) by TOMS® or any 3rd party, and/or (f) any errors or omissions in the network or whatsoever content, information and materials (including just non limited to third party website(s)) or for whatsoever loss or harm of any kind incurred as a result of the utilize of whatsoever of the foregoing.

No person (including any agent, dealer or representative of TOMS®) is authorized to brand any representation or warranty apropos products except to refer you lot to section vi of these Terms and Conditions, and you acknowledge and agree that you have not relied on any other warranties or representations.

Limitation of Liability

In no event shall TOMS® or its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers or distributors exist liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, including, without limitation, amercement for loss of apply, data, savings, revenue or profits, business concern interruption, or loss of business concern opportunity or goodwill, arising from or in connectedness with (a) the apply of, or inability to use, the website; (b) the provision of or failure to provide services, products, materials, content, or software available from, on or through the website or any 3rd-party website(s); or (c) the deport of other users of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if TOMS® has been advised of the possibility of such amercement. Y'all assume complete responsibleness for your use of the website. Your sole remedy against TOMS® for dissatisfaction with the website or whatever content is to end using the website. That said, if TOMS® is found to be liable to you for any harm or loss arising out of or which is in any style continued with your use of the website, whatever content, or buy of whatsoever products or services on or through the website, TOMS®'south liability shall not exceed $100.00 CDN in the amass.

Some jurisdictions practice not permit the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the in a higher place limitations or exclusions noted in sections 14 and 15 may not use to you.

Title to Products

The title to any production(s) ordered through this Website shall transfer to yous upon our commitment to the shipping carrier.

Gift Cards & Store Credit

TOMS® Souvenir Cards

TOMS® physical and electronic gift cards (collectively, the "Gift Card(south)") may only be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash — we are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may non be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases fabricated with a Gift Carte will be deducted from the redeemer'due south Souvenir Carte balance and any unused balance volition exist available for future purchases. Purchase amounts that exceed the redeemer's Souvenir Bill of fare balance volition require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for greenbacks, except in provinces where required by police. Gift Cards practise not expire and we do non assess any service fees for non-use.

Souvenir Cards take other restrictions, including but not express to:

  • Coupons and other discounts or promotions may not be applicable to buy Gift Cards.
  • Gift Cards cannot exist used to purchase other Gift Cards.
  • Souvenir Cards cannot be returned.
  • Gift Cards may merely be applicative to purchase certain product(s) or services on the Website, or they may exclude the purchase of certain product(s) or services. Please run into any applicable restrictions noted on your Gift Card or the applicable production(due south) or promotion(s) for further details.

Store Credit

TOMS® store credit (the "Shop Credit") may merely be redeemed towards the buy of eligible items on the Website. Any available Shop Credit y'all may have will be automatically practical towards your side by side purchase. Nosotros are not responsible if Store Credit is lost, stolen, destroyed or used without your permission. Please note that store Credit is non-transferable. Purchases made with Store Credit will be deducted from your Store Credit balance, and any remaining unused residue will be available over for future purchases. Buy amounts that exceed the redeemer'south available Store Credit balance will require that the remaining residuum due exist paid with another acceptable payment method. Shop Credit does non elapse and we practise not assess whatsoever service fees for non-apply.

Fraud

TOMS® reserves the right to decline, abolish or hold for review whatsoever orders or customer accounts using a Souvenir Card or Store Credit or whatsoever Gift Bill of fare or Store Credit mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card or Store Credit, or to accept any other action in connectedness with a violation of this Section 17.

Please note that Gift Cards/Store Credits and their redemption are each bailiwick to modify in the sole discretion of TOMS®, at all times in accordance with applicative law.

Promotions

Any and all offers or promotions advertised on this Website are void where prohibited, and are field of study to whatever posted official rules applicable to such offers or promotions.

Consent Regarding Electronic Documents

By using this Website y'all consent to the exchange of information and documents between you and TOMS® over the Internet or by e-mail, and you concord that these Terms and Conditions, together with whatsoever related gild transaction documents accepted past TOMS® in electronic grade shall be the equivalent of an original written paper agreement between y'all and TOMS®. Y'all further concur that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications exist in writing.

Surveillance

TOMS® may monitor the access to its Website and other activities in relation to its Website for quality command or whatever other purpose and may intervene in this regard. You consent to such surveillance and intervention should TOMS® elect to do so.

General Legal Provisions

These Terms and Weather are effective unless and until terminated past either you or TOMS®. Yous may finish these Terms and Atmospheric condition as they apply to you lot at any time by ceasing to use the Website. TOMS® may terminate these Terms and Conditions at any time immediately and without discover, and accordingly deny you lot admission to the Website, for whatever reason in its sole discretion; nevertheless, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive whatever termination of these Terms and Conditions.

These Terms and Conditions shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicative therein, without regard to whatsoever disharmonize of police provisions. Any dispute arising under these Terms and Atmospheric condition shall exist resolved past the Provincial and Federal Courts and Tribunals sitting in the province of Ontario and you hereby irrevocably submit to the personal and sectional jurisdiction and venue of these Courts. The application of the United nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting TOMS® products and services available in Canada. This Website is controlled and operated by TOMS® from its offices in California.

If any portion of these Terms and Weather condition is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable constabulary with a provision that almost closely reflects the intention of the original provision, and the remainder of these Terms and Weather shall remain in full strength and effect. The failure of TOMS® to insist upon or enforce strict performance past you lot of any provision of these Terms and Conditions shall not be construed equally a waiver of any provision or right.

We may provide notice to you relating to the Website and/or these Terms and Weather condition by sending an electronic mail to your last known east-mail address, and any such observe shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic class or otherwise shall be open-door in judicial or administrative proceedings based upon or relating to these Terms and Weather condition to the same extent and subject to the same conditions as other business organization documents and records originally generated and maintained in printed form. Yous agree that any cause of action that yous may desire to bring arising out of or related to these Terms and Weather condition and/or the Website must embark within one (1) year after the cause of action arises. You may not utilize the Website or export the Content in violation of applicable Canadian or U.South. consign laws and regulations.

TOMS®' performance of these Terms and Conditions is field of study to existing laws and legal procedure, and null independent in this these Terms and Conditions is in derogation of TOMS®' right to comply with constabulary enforcement requests or requirements.

These Terms and Weather (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Website, and whatever other terms that may appear on the Website from fourth dimension-to-fourth dimension) contain the entire understanding between you and us with respect to your use and admission of this Website and whatever product(southward) or services you purchase on or through this Website, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such apply and access of the Website. No representation, statement or inducement, whether oral or written, not independent in these Terms and Conditions (and any other terms that may appear on the Website from time-to-fourth dimension) or the Privacy Policy shall bind whatsoever party to this understanding. No additional or different terms or atmospheric condition will be bounden upon us unless expressly agreed to in writing by an officer of TOMS®. No other representative has whatsoever authority to waive, alter, vary or add to these Terms and Atmospheric condition. Before using this Website please read through all referenced documents advisedly.

English Language

You expressly concur that these Terms and Weather and all ancillary documents be drafted solely in English language; vous consentez expressément à ce que ces termes et weather condition et tous les documents y afférents soient rédigées en anglais seulement.

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