This website is operated by Zoeder Clothing Co. (the maker of ZOE clothing/fashion). Throughout the site, the terms "we," "us," and "our" refer to Zoeder Clothing Co. Zoeder Clothing Co. offers this website, zoefashion.ca, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, blog readers, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, 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 the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 1 — Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 — General Conditions
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.
You agree not to reproduce, duplicate, copy, sell, resell, display, archive, retain, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website (including but not limited to the ZOE trademarks, logo type, service marks, reviews, photographs, images, illustrations, video clips, html, source and object code, software data, and the like, collectively "Content") through which the Service is provided, without our express written permission, except to the extent required for the limited purpose of viewing the material on our website.
Section 3 — Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site — including on the ZOE blog and our social media content — is not accurate, complete, or current. This material is provided for general information and inspiration only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 — Modifications to the Service and Prices
Prices for our products are listed in Canadian dollars (CAD) and are subject to change without notice. Applicable taxes (including GST/HST, where applicable) are calculated and displayed at checkout.
We reserve the right at any time to modify or discontinue the Service (or any part or Content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 — Products and Services
Certain products or services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colours, fit, and images of our products as accurately as possible. Because the actual colours and fit you experience depend on your monitor and your body, we cannot guarantee that your monitor's display of any colour will be exact, or that a garment will fit identically to how it appears in photographs. Please refer to our size guide before ordering. Fibre content, care instructions, and country of origin are disclosed on each garment's label in accordance with applicable Canadian labelling requirements.
We reserve the right, but are not obligated, to limit the sale of our products to any person, geographic region, or jurisdiction, on a case-by-case basis, and to limit quantities offered. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, or information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5.1 — Shipping, Delivery & Customs
Orders may be fulfilled and shipped from Zoeder Clothing Co.'s own location or from third-party fulfillment partners, which may be located outside Canada (including the United States). As a result:
- Delivery times shown at checkout are estimates only and are not guaranteed.
- Where an order is shipped from outside Canada, you may be responsible for any customs duties, brokerage fees, or import taxes assessed at the border, in addition to the price paid at checkout. Zoeder Clothing Co. is not responsible for these charges and cannot predict their exact amount.
- Risk of loss and title for items purchased from us pass to you upon our delivery to the carrier.
Section 6 — Accuracy of Billing and Account Information
We reserve 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, household, or order, including orders placed under the same customer account, credit card, and/or billing/shipping address. If we change or cancel an order, we may attempt to notify you using the contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your card was charged before an order was cancelled, we will process a refund and you will be responsible for any additional transaction fees that may result.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
Section 7 — Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge that we provide access to such tools "as is" and "as available," without warranties, representations, or endorsement of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should be familiar with and approve of the terms on which such tools are provided by the relevant third party.
We may, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms of Service.
Section 8 — Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties, including our fulfillment and payment partners.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and do not warrant or have liability for, any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, or content obtained through any third-party websites. Please review the third party's own policies carefully before engaging in any transaction with them. Complaints regarding third-party materials or products should be directed to that third party.
Section 9 — User Comments, Feedback, and Other Submissions
If you send us submissions — for example, contest entries, blog comments, social media tags, testimonials, or unsolicited creative ideas, suggestions, or feedback (collectively, "comments"), whether online, by email, or otherwise — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium, including in our marketing and on the ZOE blog and social channels. We are under no obligation to (1) keep any comments confidential, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third party's rights, including copyright, trademark, or privacy rights, and will not contain unlawful, abusive, or obscene material, or any virus or malware. You may not impersonate another person or otherwise mislead third parties or us as to the origin of your comments. You are solely responsible for your comments and their accuracy; we assume no liability for any comments posted by you or any third party.
Section 10 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which is designed with Canadian privacy law (including PIPEDA) in mind. Please review it to understand how we collect, use, and protect your information.
Section 11 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct such errors and to change or update information, or cancel orders, if any information is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
Section 12 — Intellectual Property
All materials on this site, including but not limited to the Content and its arrangement, are protected by copyright under Canadian and international copyright law. You may not use the Content except as specified herein; we are not granting you any license to use the Content, copyrights, or proprietary logos, service marks, or trademarks.
"Zoeder Clothing Co.," "ZOE," and related logos are trademarks used by Zoeder Clothing Co. in connection with our products. Any unauthorized use of the Content may violate copyright law, trademark law, and other applicable civil and criminal statutes.
Section 13 — Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any federal, provincial, or local regulations or laws; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, 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 viruses or malicious code; (h) to collect or track others' personal information; (i) to spam, phish, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Section 14 — 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, or that results obtained from use of the Service will be accurate or reliable.
You agree that we may remove or cancel the Service at any time without notice. Your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through it are provided "as is" and "as available," without warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Zoeder Clothing Co., our partners, 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 lost profits or lost data, arising from your use of the Service or any products procured through it, even if advised of the possibility of such damages. Because some provinces or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall in such cases be limited to the maximum extent permitted by law.
Section 15 — Indemnification
You agree to indemnify, defend, and hold harmless Zoeder Clothing Co., and our partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Section 16 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.
Section 17 — Termination
We may terminate, change, suspend, or discontinue any aspect of the Service, including your access to it, at any time without notice or liability. You remain liable for all amounts due up to and including the date of termination. If you wish to terminate this Agreement, you may simply discontinue using this site. Provisions that by their nature should survive termination — including ownership, warranty disclaimers, indemnity, and limitation of liability provisions — will survive.
Section 18 — Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies posted on this site (including our Privacy Policy and Return Policy), constitute the entire agreement between you and us regarding the Service, superseding any prior agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 19 — Governing Law
These Terms of Service, and any separate agreements under which we provide you the Service, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Section 20 — Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
Section 21 — Contact Information
Questions about these Terms of Service should be sent to us at sales@zoefashion.ca.