Terms and Conditions
1. USE OF WEBSITE
Red Coral Inc. and its affiliates and subsidiaries (collectively “Red Coral” or “we” or “us” or “our”), operates redcoralfashion.com, redcoral.ca and as well as all other domain names owned by us which point to these addresses (the "Websites" for your personal and non-commercial use and information. Your use of the Websites is subject to the following terms and conditions of use and sale (the "Terms") and all applicable laws. By accessing and browsing the Websites, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Websites. The expression "Websites" also includes the Apps and the Loyalty Programs, as such expressions are defined herein.
Red Coral Inc. reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Websites without prior written notice at any time, and from time to time, at Red Coral’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Websites by posting notice of same on the Websites. Following the posting of any such notice, your continued use of the Websites will constitute your acceptance of the new Terms and other policies, as modified, and you will be bound by said new terms and policies. Certain provisions of These Terms may be superseded by legal notices or terms located on particular pages of the Websites.
Red Coral's products and services available through the Websites (the "Product" or the "Products") may be ordered by persons who reside in Canada, the United States and in other countries or territories as we may determine. The Websites are not intended for access or use outside these territories. You are responsible to ensure that your access to the Websites and the information and material available on or through them are legal in each jurisdiction in or through which you access or view the Websites and such information and material.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES, AS THEY INCLUDE PROVISIONS, SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
YOUR USE OF THE WEBSITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
2. ACCEPTABLE USE POLICY
As a condition of your use of the Websites, you hereby represent and warrant to Red Coral Inc. that you:
agree to honour our intellectual property rights;
agree to provide us with accurate information as necessary for the proper conduct of the Websites, and to take responsibility for the information you provide;
acknowledge that we may be unable to process and shall have no responsibility to process requests, the accuracy of which we cannot validate;
agree not to create a link (other than personal "bookmark" or "favourites" entry) to the Websites without first obtaining our written permission;
will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the Websites; and
shall not interfere or attempt to interfere with the operation of the Websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms.
4. NO USE BY MINORS
The Websites are intended for use by adults only. If you use the Websites to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Websites and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Websites on your behalf and you should not use the Websites on your own or provide any personal information to Red Coral Inc. We do not knowingly collect information from children under the age of 13.
5. PRODUCT INFORMATION
Products which may be purchased from the Websites are available for sale and distribution to customers in Canada, the United States and other countries or territories where Red Coral Inc. deems it advisable. We attempt to ensure that information on our Websites is complete, accurate and current. Despite our commercially reasonable efforts, information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current of any information on the Websites.
For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Websites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of our acceptance of your offer to buy a product or service from Red Coral Inc. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All features, content, specifications, products and prices of Products described or depicted on the Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Red Coral Inc. attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Red Coral Inc. However, Red Coral Inc. does not warrant that Product descriptions or other content of the Websites are accurate, complete, reliable, current or error-free. We make commercially reasonable efforts to accurately display the attributes of our Products, including the applicable colours. Please note that because the colours of the Products you see will depend on your monitor, Red Coral Inc. cannot guarantee that your monitor will display the exact, actual colour of a Product displayed.
6. PRODUCT AVAILABILITY
Products which may be purchased from the Websites are available for sale and distribution to customers these Products will be available at that time as at any other time. The availability of certain Products may be limited, and Products may not be available for immediate sale. Red Coral Inc. may revise or cease to make available any Products at any time without prior notice. In the event that Red Coral Inc. is unable to deliver to you a Product you have ordered due to lack of availability, we will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that Red Coral Inc. may, at its sole discretion, contact you in order to allow you to maintain your order, subject to a revised delivery time if and when the Product becomes available.
7. PRODUCT ORDERS
Products which may be purchased from the Websites are available for sale and distribution to customers before submitting an order for the purchase of Products using the Websites, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes.
When you submit your order, (by pressing the "Place Order" button) such order will constitute an offer from you to Red Coral Inc. to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Red Coral Inc. until accepted by Red Coral Inc. Our acceptance of your order is evidenced by return email from Red Coral Inc. indicating that your order has been accepted.
THE WEBSITES AND THEIR CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
United States orders shall be exempt from payment of Canadian federal goods and services taxes and any applicable provincial or harmonized sales taxes, and other Canadian taxes and duties associated with a Product order.
Red Coral Inc. reserves the right to limit the number of Products Customers may order.
It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the Websites. By placing an order, you confirm that the Products ordered will be used only in a lawful manner.
The merchandise shown on the Websites constitutes invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by Red Coral Inc. only if and when we send you a shipping notification via email. This shipping notification, sent by email, constitutes our acceptance of your offer to purchase and represents a contract with Red Coral Inc., who reserves the right to accept or refuse your contract offer.
8. PRODUCT PRICING
All prices and Product orders are quoted and shall be processed in the currency appearing on your web page. Although Red Coral Inc. strives to provide accurate Product and pricing information, errors may occur. Red Coral Inc. reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. Red Coral Inc. cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Websites and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Red Coral Inc. may, at its sole discretion, refuse or cancel your order, whether before or after Red Coral's acceptance thereof. If there is such an error in pricing, Red Coral Inc. will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
9. CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Red Coral Inc. over the Internet or by email or by any other means of electronic communication, and you agree that the Terms, together with any applicable Order Confirmation(s) accepted by Red Coral Inc. in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Red Coral Inc. reserves the right, at its sole discretion, to limit quantities, terminate Accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, Red Coral Inc. will issue a full refund.
11. CUSTOMER RETURNS OF ORDERS
Once an order is submitted it cannot be modified or cancelled. You may return your order by mail or in-store at select Red Coral stores.
Items purchased online (except for final sale items and earrings) can be exchanged or returned in-store within 21 days from your order date. Your original invoice is required.
Note that our stores cannot credit your PayPal or Virtual Debit account. They will refund you using an in-store gift card. If you return it by mail to our Distribution Centre, an online store credit will be issued.
12. PAYMENT TERMS
Terms of payment for any Products purchased through the Websites shall be determined at Red Coral’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Red Coral Inc. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
13. SHIPPING AND TAXES
Red Coral will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation, as long as that shipping address is compliant with the shipping restrictions contained on the Websites. Delivery times provided by Red Coral Inc. are estimates only. Red Coral Inc. shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order. Non-Canadian orders shall be exempt from payment of Canadian federal goods and service taxes and any applicable provincial sales taxes, and other Canadian taxes and duties associated with a Product order. However, non-Canadian customers are responsible for all sales, use, and any other taxes and duties imposed by any state or jurisdiction in their country of residence, associated with their order.
14. OWNERSHIP AND RISK OF LOSS
All Product(s) purchased from Red Coral Inc. are delivered to you by a third-party delivery company, pursuant to a shipping contract. As a result, risk of loss and title for Products purchased from the Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
All Product returns are subject to Red Coral's Return Policy the terms of which are incorporated herein by reference. Some restrictions may apply.
16. COPYRIGHTS AND TRADEMARKS
The design of the Websites and all text, graphics, images, illustrations, articles, information, photographs, software, audio clips and video clips, information, content, and other material displayed on or that can be downloaded from the Websites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software and other technology components of the Websites are protected under applicable copyright laws in favour of Red Coral Inc. and/or its affiliates, subsidiaries and suppliers. The contents of the Websites are protected under applicable copyright laws in favour of Red Coral Inc. and/or its affiliates, subsidiaries and suppliers. All rights reserved.
You may not modify the information or materials displayed on or that can be downloaded from the Websites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations
The material on the Websites is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. Red Coral Inc. is the owner of the copyright on the Websites and, consequently, the material on the Websites may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including but not limited to text, audio or video, without Red Coral's prior written consent.
17. YOUR MATERIAL
Red Coral Inc. is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Websites or any other Red Coral Inc. websites including any Red Coral Inc. pages on social networking websites and webpages such as Facebook, Twitter, Pinterest, Instagram, or YouTube (collectively, your "Material"). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of Red Coral Inc. or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party's proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold Red Coral Inc. harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. Red Coral Inc. reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
18. CONFIDENTIALITY OF THE MATERIAL TRANSMITTED
Other than your Account information and your information needed to process orders, Red Coral Inc. does not wish to receive Material from you that is confidential, secret or proprietary information.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Websites, you hereby grant Red Coral Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or developed in the future. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by Red Coral Inc. of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against Red Coral Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that Red Coral Inc. is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected email communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to Red Coral Inc. or the Websites, no confidential, fiduciary, contractually implied or other relationship is created between you and Red Coral Inc. other than pursuant to the Terms. Red Coral Inc. shall not be responsible for the payment of any monies to any other party in connection with Red Coral's use of any information or Material provided by you to Red Coral Inc. or the Websites. You also represent and warrant that any and all such information or Material which you provide to Red Coral Inc., whether provided by you electronically by accessing or using the Websites or otherwise, and Red Coral's use of this information and Material so provided as permitted in the Terms, does not infringe the rights of any other person or entity.
19. SUBSCRIPTION TO EMAILS AND NOTIFICATIONS
You may opt-in to receive email communications from us:
by default, when enrolling in the Loyalty Program; or
by signing up to receive newsletters on the Website.
20. USE OF YOUR MATERIAL BY US
Red Coral Inc. may monitor the access to the Websites (and any other of its websites) and other activities in relation to the Websites (and any other of its Websites) and may intervene in this regard. However, Red Coral Inc. makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Red Coral Inc. ever decides to do it.