Original Effective Date: November 16, 2018.
Last Updated: May 6, 2021
SECTION 1 – Definitions
“Conditions” – means these terms and conditions.
“International” means countries other than Canada.
“Order” means an order placed by you via this website or applications for one or more products.
“Personal Information” means all and any information provided by you in an order or when registering on any part of this website to include, without limit, your name, address, and card details.
“Product” means any product advertised on this website or application.
“We/Us/Our” means Ziptown Trading Inc., registered in Montreal (Quebec, Canada) with Registered Number (NEQ) 1174112863 and Reg. BN 722741519, the owner and operator of ziptown.ca and application.
“Website” means ziptown.ca, any other URL operated by us at Ziptown Trading Inc. (Canada) or Ziptown Trading OÜ in European Union and our mobile applications.
“You/Your” means a user of this website.
SECTION 2 – Use of this website and User Agreement
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For agreement purposes, you agree to this electronic means of communication and you acknowledge that all agreements, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
You are prohibited from transmitting any program, code, virus or other item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction, inside the United States or Canada and abroad. You are fully and solely responsible with knowing what activities are permitted in your jurisdiction.
SECTION 3 – Overview
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks which is guaranteed by the payment gateway providers such as PayPal, Square and Stripe.
You agree not to reproduce, duplicate, copy, sell, re-sell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The name, trademark, symbol, or representation of the Ziptown brand is the sole property of Ziptown Trading Inc. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – Changes
We may change these Conditions from time to time without notice to you. Changes will apply to any subsequent orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to you. We also reserve the right to remove any product advertised on this Website without liability to you. This means that we cannot guarantee that an item displayed on a previous visit to the Site will still be available when you visit again. should you be unable to locate an item you saw on a previous visit, please contact us and we will make every effort to meet your needs.
SECTION 5 – Placing an order, products, and prices
You must not Order Products via this Website if You are Younger than 18 years of age. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Site. You can use the site if you are under 18 only with involvement of a parent or guardian. By entering our Website, you confirm that you are 18 years of age or older.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
Ziptown Trading Inc. may at any time request documentation proof of identification in order to determine account ownership and use. We may suspend use during such period until a determination can be made as to proper ownership of said account.
In the event a Product is listed at an incorrect price or with incorrect information, Ziptown Trading Inc. shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge immediately.
Your receipt of an order confirmation or charging your credit card/PayPal account, by Ziptown does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
Any delivery dates provided by Ziptown are estimates. We reserve the right to make deliveries in installments. Ziptown will send you an email when your order has shipped, and you may review your order and shipping information on your account page.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, (if required by our website), so that we can complete your transactions and contact you as needed.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
For international orders, prices appearing on this Website may be subject to taxes and duties (where applicable) at the current rates. The cost of your order will be the price of the products ordered plus the appropriate delivery charge outlined in the “Delivery” section. Please note that all prices on this Website are for on-line purchases only.
Return Policy: Ziptown Trading Inc. will only accept returns on products that are identified as eligible for return or are received damaged. Once Ziptown confirms that your Product was returned in accordance with this policy, your credit card or PayPal account will be fully refunded. We do not accept any Product exchanges.
If the Product arrived damaged (Damaged Product), Ziptown will accept returns for a full refund only in accordance with the Return Procedures below. Once Ziptown confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
Return Procedures: All returns must be made within 14 days after the Product delivery date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered), with the original tag & packed in the original package (Any clothing with a removed tag will be considered worn and will not be eligible for returns) and returned in accordance with the instructions received from contacting customer service as per the Site. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you, and no credit or refund will be issued. Please read the Shipping & Return Policy section for more information.
SECTION 6 – User comments, feedback, and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. All images submitted to the Ziptown website or app become the exclusive property of Ziptown Trading. By submitting an image or a video, you hereby irrevocably assign (and agree to assign) to Ziptown Trading, free and clear of any restrictions or encumbrances, all of your rights, title and interest in and to the image or video submitted.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 7 – Secure online shopping
We believe buying on-line at ziptown.ca is secure. This is because:
All payment transactions are carried out over an SSL 256-Bit Encrypted secure connection. We do this Using industry standard technology. We do not collect nor store any payment information that you enter on our Website. This part is managed strictly by the major worldwide payment providers plugged in our Website. We accept direct credit card payments from all major credit card companies, including Visa, MasterCard, Discover and American Express.
When you visit this Website we may collect information about where you are on the internet (e.g. the URL you came from, IP address, domain name types like .ca and .com), your browser type, the country and telephone area code where your computer is located, the pages of this Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website.
(“User Information”) We may collect this user Information even if you do not register on this Website. When you register or shop on this Website, we will (where applicable) ask you to input and we will collect your Personal Information.
We will fully comply with all applicable EU General Data Protection Regulation and consumer legislation and the Personal Information Protection and Electronic Documents Act and the Privacy Act of Canada, and Children’s Online Privacy Protection Act (COPPA), and California Online Protection Act (CalOPPA).
We confirm that we only use your personal Information for the following purposes:
When you register on this Website you are given the option to receive news and updates from us by email and post which we feel may be of interest to You. If you indicate your agreement to being contacted by us by these means you may subsequently unsubscribe from our contact list at any time by contacting us at firstname.lastname@example.org; or following the “unsubscribe” directions given in any email received. Your personal Information may be disclosed to other businesses within the group of which we are a part and to reputable third-party Contractors engaged by us to perform a variety of functions such as processing your orders, assisting with promotions or providing technical services for our Websites. We require all such third parties to treat your personal Information as fully confidential and to fully comply with all applicable EU General Data Protection and consumer legislation and the Personal Information Protection and Electronic Documents Act and Privacy Act of Canada and Children’s Online Privacy Protection Act (COPPA) and California Online Protection Act (CalOPPA).
Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide features such as personalization and to store products in your shopping basket between visits when applicable. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use most of the features on the Website, including placing products in your shopping basket and purchasing them.
Links to other Sites
We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.
What else should I know about your privacy?
SECTION 9 – Our Websites are Not for Use by Children
Children are not eligible to use our Websites. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Children under 13 years of age should not send any information about themselves to us through Ziptown or other Websites operated by Ziptown Trading Inc. in Canada and the US or Ziptown Trading OÜ in European Union. If a child under 13 submits information through any part of our Websites, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any personal information about children under 13, we do not use or disclose such information to third parties.
SECTION 10 – Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – Notices
All notices given by you to us shall be to our address set out in these Conditions. We may give notice to you at either the email or postal address you provided to us when placing the order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or 3 days after the date of posting any letter, provided that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
SECTION 12 – Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following:
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
SECTION 13 – Disclaimer of warranties; limitation of liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ziptown Trading inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree that any dispute or claim relating in any way to your Ziptown Trading purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court.
Furthermore, we each agree that any proceedings will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
You must send a letter requesting arbitration and describing your claim at:
Ziptown.email@example.com AND as a registered mail at: ZIPTOWN TRADING INC. 45 King-George St. J4J 2V2 Longueuil QC, Canada.
SECTION 14 – Indemnification
You agree to indemnify, defend and hold harmless Ziptown Trading Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny your access to our Services (or any part thereof).
SECTION 17 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – Language
The Contract will be concluded in English.
SECTION 19 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada, despite of which of our websites you use, operated by us in Canada, USA or European Union, and you hereby submit to the exclusive jurisdiction of the Canadian courts.
SECTION 20 – Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org .