Terms & Conditions
IMPORTANT LEGAL NOTICE
1. INFORMATION ABOUT US
www.kinksology.com is operated by Kinksology Inc. (“We”). We are a company registered in Mississauga, Ontario, Canada. We operate from our office at 7 Queen Street South, Mississauga, Ontario, L5M 1K2. Our email address is firstname.lastname@example.org.
2. SERVICE AVAILABILITY
Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our Shipping page here.
3. YOUR STATUS
You may only purchase Products from us if:
1. You are legally capable of entering into a binding contract with us (for example, in Ontario, Canada you must be at least 18 years old);
2. You are an authorized user of the credit or debit card used to pay for your order; and,
3. Are resident in a country that we deliver to (please see our Shipping page here for further information).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
2. After you submit your order, We immediately contact your bank or card issuer for authorization to take payment from your account. We will not process your order until payment has been received in full. If We accept your order, the Product will be processed ready for dispatch at which point the contract between us ("Contract") will be formed.
3. If We have not yet processed your order, you can contact us to change it, subject to availability, before your Products are dispatched. If your order has already been processed, you may be able to return your Products under clause 8 of these terms and conditions or under our Return Policy here.
4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
1. Your order will be fulfilled by the delivery date set out in the Shipping Confirmation (via tracking URL) or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any controllable event, delivery will take place no more than 30 days after the day your Contract is entered into. This does not apply in the case of delay or nondelivery caused by an event beyond the control of our carrier, including but not limited to, inclement weather, acts of nature, pandemics, acts of terrorism, acts of war, flight delays or cancellations, riots, strikes, or delay caused by customs or other regulatory authorities, or by the act or default of the receiving customer.
2. If no one is available at your address to take delivery and the Products cannot be posted through your mailbox or left in a safe place, after three failed attempts, you will be charged the return shipping cost to our office and We may end the Contract. If We choose to end the Contract under these circumstances, clause 13 will apply.
3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
4. You will own the Products once We have received payment in full.
5. The images of the Products on our Site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
6. WORLDWIDE DELIVERY
If you order Products from us for delivery to a destination outside of Canada:
1. Your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
2. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and,
3. If you return any Products to us from a destination outside of Ontario, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7. PRICE AND PAYMENT
1. The price payable for the Products will be as shown on our Site in Canadian Dollars (CAD) unless you change the currency settings. Please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our Site exclude taxes and delivery charges, which are payable in addition and shown separately during the checkout process.
2. We can change the prices on our Site at any time without notice, but changes will not affect orders which We have already accepted. However, if the tax rate changes after the date of your order, We will adjust the tax rate you pay unless you have already paid for the Products in full before the change in tax takes effect.
3. We accept payment by debit card, credit card, Paypal, Apple Pay, and Shopify Pay. We accept the following cards: Visa, Mastercard, and American Express.
4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorization to take payment from your account.
5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized by you as a mispricing, We may end the Contract, refund to you any amount you have paid under the Contract and require the return of any Products provided to you.
6. If you wish to apply a coupon code to your order, you must enter it during the online checkout process. Only one coupon code can be used per order and additional terms and conditions may apply in respect of each coupon code. We reserve the right to decline any coupon code that is invalid for your order or that has expired.
8. YOUR RIGHT TO CANCEL THE CONTRACT (ONTARIO CUSTOMERS ONLY)
1. If you are a consumer in Ontario, you have a legal right to cancel a Contract within a designated cooling-off period. Under our Kinksology Satisfaction Guarantee, you can cancel a Contract if you change your mind until 30 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 30 days after the day you receive (or someone you nominate receives) the last delivery.
2. If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. If your order has not yet been processed, you can easily do this by contacting us via email at email@example.com or by mail at Kinksology, 7 Queen Street South, Mississauga, Ontario, L5M 1K2.
3. If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 30 days of telling us that you wish to cancel the Contract. In accordance with our Return Policy, you will be responsible for the cost of returning Products to us. Please see our Return Policy here for further information about how to return Products to us.
You have 30 days to return your items starting from the day you receive your order. This return period starts from the date you receive your order. For further information on returns please see our Return Policy here.
10. YOUR RIGHT FOR A REFUND (ONTARIO CUSTOMERS ONLY)
1. If you are a consumer in Ontario and you cancel your Contract under clause 8.1, We will:
1.1. Refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and,
1.2. Make any refunds due to you by the method you used for payment:
1.2.1. Within 7 days of receiving the Products back from you or, if earlier, within 7 days of you providing us with evidence that you have sent the Products back to us; or,
1.2.2. Within 7 days of you informing us of your decision to cancel the Contract.
2. Please see our Return Policy here for more information about returns and refunds.
11. DAMAGED GOODS
1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are damaged or defective.
2. If you consider that any Product We have supplied is damaged or misdescribed, please notify us using the contact details set out in clause 8.2. You must return such Products to us in accordance with our reasonable instructions and the Return Policy here, and if the Products are damaged or misdescribed We will refund the price of the Products and the cost of delivery to you.
12. OUR RIGHTS TO CANCEL THE CONTRACT
1. We may end the Contract at any time by writing to you if:
1.1. You do not make any payment to us when it is due;
1.2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or,
1.3. You do not, within a reasonable time, allow us to deliver the Products to you.
2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
3. If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
13. OUR LIABILITY
1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
2. We supply the Products first and foremost for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
14. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
3. You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.2.
15. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16. OTHER IMPORTANT TERMS
1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
2. If We have to contact you, We will do so in writing or by telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our Site when you place your order.
4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
9. Please note that these terms and conditions are governed by Ontario law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by Ontario law, except if you are not resident in Ontario then Ontario law will apply only to the extent that it does not override any mandatory laws of the province or country in which you have your usual place of residence.
10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of Ontario, but nothing in this clause will limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of Ontario.
17. AFTER-SALES SERVICE
1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org.
2. If you have any complaints, these should be addressed in writing to Kinksology by email to email@example.com or by mail to Kinksology, 7 Queen Street South, Mississauga, Ontario, L5M 1K2.
PROMOTION TERMS AND CONDITIONS
Official Kinksology promotion codes entitle you to an offer on your online order from www.kinksology.com. To use your promotion code, enter the specific code in the "discount" box on the checkout page. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to Kinksology employees and We reserve the right to withdraw them and refuse or restrict any order at any time.
GIFT VOUCHERS TERMS AND CONDITIONS
- Gift certificates are not currently available for purchase, if you have an existing gift certificate this can still be redeemed onsite by entering the voucher that was sent to you via email at checkout.
- If the amount of your Online Gift Certificate(s) does NOT cover the total order amount, you will need to pay the remainder of the purchase.
- If the amount of your Online Gift Certificate(s) is for MORE than the total order amount, the balance will be stored on your kinksology.com account for your next purchase using the same Gift Certificate code.
- If you have any additional questions, please contact our Customer Care team.
- Online Gift Certificates are non-transferable, non-refundable and are not redeemable for cash.
- We cannot replace lost or stolen Online Gift Certificates.