CLARIFICATIONS:

Luv21 Apparel Inc. may also be referred to in this agreement as Luv21.

Representatives of Luv21 Apparel Inc. may also be referred to as Stylists, Reps, Independent Contractors or Independent Third Party Contractors.

Terms of Conditions may also be referred to as Terms of Service.

LUV21 APPAREL INC. – “LUV21”

Luv21 Apparel Inc. is a corporation duly incorporated under the laws of the Province of Ontario. Our head office is located at 645 Gardiners Road, Unit 104, Kingston, Ontario. K7M 8K2. Melissa Morton is the President of Luv21 Apparel Inc. Melissa can be contacted by email at Melissa @luv21.ca.

REPRESENTATIVES – “REPS”

Luv21 Apparel Inc. hereby appoints the Representative as an Independent Third Party Contractor of Luv21 Apparel Inc. she or he are not otherwise affiliated with Luv21 Apparel Inc. The Representative hereby accepts such an appointment subject to the terms, conditions, covenants and provisions set forth herein.

Luv21 Apparel Inc. is not responsible or liable for the statements, acts or omissions of Luv21 Apparel Inc.’s Independent Third Party Contractors whether through or in connection with Luv21 Apparel Inc.’s website.

The Parties acknowledge that the Representative is a self-employed Independent Contractor and is not and shall not represent herself or himself to be an owner, partner, shareholder or employee of Luv21 Apparel Inc. or to have any relationship to Luv21 Apparel Inc. other than as a self employed Independent Contractor.

GENERAL TERMS

Luv21 Apparel Inc. displays numerous items of merchandise for sale on our website. While we endeavour to maintain a complete line of our products available for sale, some items may be discontinued without notice, temporarily out of stock or not available at all times.

Luv21 Apparel Inc. is a Canadian owned and operated company and as such all prices quoted on our website are quoted in Canadian Dollars. The total amount of your order including sales tax and delivery charges (if applicable) will be charged to your charge credit card in full at the time your order is placed. Luv21 also accepts Pay Pal and Electronic Transfer of Funds for payment.

The use of this site is restricted to your personal use and to make online purchases from Luv21 Apparel Inc. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our website through which the Service is provided, without the expressed written permission from Luv21Apparel Inc. to do so.

If you have any questions, concerns or comments about these Terms & Conditions, please email us at [email protected]

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Luv21 Apparel Inc., its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers and third party service providers (collectively the “Service Providers”) from and against all losses, claims, demands, expenses, damages, liabilities and costs, including reasonable attorneys’ fees sustained, suffered or incurred from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internal account.

ASSIGNMENT

This Agreement is personal to the Representative and no right of the Representative under this Agreement may be assigned without the prior written consent of Luv21 Apparel Inc., which consent may be arbitrarily or unreasonably withheld or denied.

The use of section headings in this Agreement is for convenience of reference only and shall not affect the interpretation of this Agreement.

PERSONAL INFORMATION

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

LUV21 APPAREL INC.’S WEBSITE

This website is operated by Luv21 Apparel Inc. The use of Luv21 Apparel Inc.’s website is conditional upon your acceptance of all of our terms, policies, provisions, conditions and notices contained herein.

By visiting Luv21 Apparel Inc.’s website and by purchasing our merchandise or our services, you use our service and agree to be bound by our terms and conditions “Terms of Service”. Our Terms of Service apply to everyone using our website, including without limitation users who are browsers, representatives of Luv21 Apparel Inc., retail stores, boutiques, merchants, customers and contributors of content on our website.

Please read our Terms of Service carefully before accessing or using our website. By accessing or using any part of Luv21 Apparel Inc.’s website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our website or use any of our services. Any new features added to our website shall also be subject to our Terms of Service conditions.

You can review the most recent version of our Terms of Service conditions at any time on this page. Luv21 Apparel Inc. reserves the right to revise, update, delete or replace any of our Terms of Service by posting updates or revisions to our website. It is your responsibility to review these terms and conditions periodically for any revisions. Your continued use of or access to our website following the posting of any changes constitutes acceptance of our changes.

Our website is hosted by CreativeCarbon. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

TERM & RIGHT OF TERMINATION:

These terms and conditions stated in this agreement apply to you upon your accessing Luv21 Apparel Inc.’s website and / or the completion of our registration form by you and or you placing your order for merchandise from our website. These terms and conditions, or any part of them, may be terminated by Luv21 Apparel Inc. without notice and at any time, for any reason. Note that the provisions relating to Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, Trademarks and Copyrights shall survive any 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 Luv21 Apparel Inc. or you. 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 website.

NOTICE:

Luv21 Apparel Inc. may deliver notice to you by means of e-mail, a general notice on the site or by other reliable method to the address you have provided to Luv21 Apparel Inc.

COPYRIGHT

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Luv21 Apparel Inc. or to purchase Luv21 Apparel Inc. products. Any other use, including but not limited to the reproductions, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Luv21 Apparel Inc.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Luv21 Apparel Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Luv21 Apparel Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Luv21 Apparel Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF LIABILITY

Luv21 Apparel Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Luv21 Apparel Inc. has been advised of the possibility of such damages.

ERRORS & OMISSIONS

Luv21 Apparel Inc. is not responsible if information made available on our site is not accurate, complete or current. The material on our site is provided for general information only. Any reliance on the material on our site is entirely at your own risk. We reserve the right to modify the contents of our site at any and all times, but we have no obligation to update any information on our site. You hereby agree that it is your responsibility to monitor changes to our website.

In the event that a Luv21 Apparel Inc. product is mistakenly listed at an incorrect price, Luv21 Apparel Inc. reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Luv21 Apparel Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Luv21 Apparel Inc. shall immediately issue a credit to your credit card account in the amount of the incorrect price.

USE OF OUR SITE:

Harassment in any manner or form on the site, including via e-mail chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Luv21 Apparel Inc. or other licensed employee, host or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objective which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER:

Luv21 Apparel Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Luv21 Apparel Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Luv21 Apparel Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Luv21 Apparel Inc. in its sole and unfettered discretion.

THIRD – PARTY LINKS:

Luv21 Apparel Inc. may in an attempt to provide increased value to our customers; link to sites operated by third parties. Luv21 Apparel Inc. has no control over these linked sites even if the third – party site is affiliated with Luv21 Apparel Inc., all third – party sites have separate privacy and data collection practices, independent of Luv21 Apparel Inc.

Luv21 Apparel Inc. will not be responsible for the effects of any third-party software including Malware, pop-ups, or ads on your computer system.

Luv21 Apparel Inc. is not responsible for reviewing or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third – party materials or websites or for any other materials, products or services of third – parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns or questions regarding third – party products should be directed to the third – party.

These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Luv21 Apparel Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

RE-SELLING OF LUV21 APPAREL INC. MERCHANDISE

Only approved Luv21 Apparel Inc. Independent Contractors / Representatives and Authorized Retailers are permitted to re-sell Luv21 Apparel Inc. No Representative shall publicly offer reduced pricing on any Luv21 Apparel without the company’s prior written consent.

OTHER LINES OF MERCHANDISE

No Luv21 Apparel Inc. Representative / Stylist shall be permitted to sell any other line of Leggings / Capris / Joggers other than Luv21 while representing Luv21 Apparel Inc.’s merchandise.

BILLING AND ACCOUNT INFORMATION

You hereby agree at all times to provide Luv21 with up to date and accurate billing and account information including your current shipping address, email address, telephone number, credit card numbers and expiration dates.

PERSONAL INFORMATION

Please refer to our Privacy Policy

RETURNS & REFUNDS

Please refer to our Returns & Refunds Policy

WEBSITE TRANSACTIONS

Luv21 reserves the right to refuse or cancel 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. In the event that we cancel an order we will attempt to notify you immediately by email.

CANCELLATIONS

You may cancel your order provided your order hasn’t been shipped yet. We will make every effort to facilitate a cancellation but once your order has been shipped, cancellations are not permitted.

SHIPPING CHARGES

Luv21 ships orders to our Stylists / Representatives FREE OF CHARGE on orders greater than $350.00. If the total value of your order is less than $350.00, shipping will be calculated at the time of checkout. Luv21 ships all of our orders via UPS.

ACCEPTANCE OF TERMS & CONDITIONS

If you do not agree to the Terms & conditions, do not use Luv21 Apparel Inc.’s website. If you access, use or download in any way any service from Luv21 Apparel Inc., you agree to and are bound by these Terms & Conditions.

ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by Luv21 Apparel Inc. on our website constitutes the entire agreement and understanding between you and Luv21 Apparel Inc. and govern your use of our Service.

GOVERNING LAW

The Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You hereby agree that in the event there is ever a dispute, a claim , a conflict of law or a lawsuit against Luv21 Apparel Inc. or its shareholders, directors, affiliates, representatives, employees, officers, successors and or assigns, said legal action shall be brought exclusively in a court of competent jurisdiction in the Province of Ontario, Canada.