other_eden account on eBay.ca

Other_eden Terms and Conditions (updated 13th of June 2016)

We recommend you to print out a copy of these terms and conditions for future reference.

1. General

1.1 The provisions of this document (hereinafter "Terms and Conditions") apply to all eBay listings of the Kontri Ltd. product portfolio (hereinafter "Products") and to all contracts between the Kontri Ltd. company (hereinafter Kontri / Seller / Company / Us) and the client (hereinafter Client / Buyer / You) concluded via the internet trading platform eBay (hereinafter "Website") and to any correspondence by email or otherwise between the Seller and the Buyer.

Kontri reserves the right to change these Terms and Conditions at any time. Such changes will take effect when posted on eBay (see date at the top). The version of the Terms and Conditions that will apply to your order will be those on the Website at the time you place your order.

These Terms and Conditions are available on the Website so that the Buyer may check them at any time when ordering. Consequently, ordering implies that the Terms and Conditions are accepted as they are by the Buyer with no reservation. By doing so, the Buyer acknowledges expressly that he/she accepted them and shall not invoke any contradictory document which will not be binding for the Seller.

1.2 The other_eden eBay account is operated by Kontri Ltd. a company registered in England and Wales under number 08505698 whose registered office is at 49 Hevea Road DE13 0SH Burton-on-Trent, United-Kingdom.
The Company VAT number is: GB163766385.

2. Intellectual property

2.1 You acknowledge and agree that all rights, including copyright, trademarks and other intellectual property rights in all materials and/or content made available as part of your use of our eBay listings vest and shall remain at all times vested in us or our licensors. You are permitted to use these materials only as expressly authorized by us or our licensors.

2.2 You acknowledge and agree that the material and content contained within our eBay listings are made available for your personal, non-professional and non-commercial use only and that you may only download such material and content for the purpose of using this Website. You also acknowledge that any other use of the material and content of our eBay listings is strictly prohibited. Furthermore, you agree not to facilitate or assist any third party to copy, reproduce, transmit, publish, display, distribute, exploit commercially or create derivative works of such material and content.

2.3 Other Eden logo is a registered figurative trademark of Kontri. Any trademarks, logos, and service marks (collectively, the "Marks") displayed in any of the materials or content made available as part of your use of our eBay listings belong to Kontri and/or its affiliates or third parties which have licensed those rights to Kontri; Kontri and such third parties respectively retain all rights to the Marks and nothing in these Terms and Conditions grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their respective owner's prior written consent. All other trademarks, product names, and company names and logos appearing on the eBay Website are the property of their respective owners.

3. Offer - Orders - Payment

3.1 Kontri has taken reasonable precautions to try to ensure that prices quoted in the eBay listing are updated and that all Products have been accurately described. But despite those precautions, some pricing errors might occur, for which we will be grateful of your understanding. The presentation of goods in the eBay internet trading platform does not represent a binding offer of Kontri, but, rather, serves as an invitation to you to submit a binding offer. However, we can provide you such a binding offer if you ask for it.

3.2 The prices are indicated in Canadian dollars (C$) and include all taxes. The Goods and Services Tax (GST) is not included in the price, as we are not considered as a registrant company to collect GST.

We inform you that customs duties and other import charges may apply to the Product, whose amounts cannot reasonably be determined by us.

However, the delivery costs which can vary depending on the country of destination are not included in the price shown on the Website. The total amount of the costs is communicated to the Client on the final ordering recap, before its acceptation by the Client.

The Buyer is responsible for any and all such delivery costs, import duties, and other charges.

All ordering implies the acceptation of the prices and the description of the Products available for purchase. Kontri reserves the right to change at any time and without notice the prices and the description of the Products. However, the Products are charged at the price which is applicable at the moment when you place an order.

3.3 Kontri accepts payments via Paypal. You may pay through your Paypal account or your credit/debit card at the time of placing an order. To learn more about PayPal, please visit http://www.paypal.com. All card payments are subject to authorization by your card issuer. The total cost of your order will be the price of the Products you order plus the delivery charge (if any). If we do not receive the payment within 8 days after the order has been placed, we will open an Unpaid Item case via eBay. After additional 4 days if the order is still not paid for, it will be automatically cancelled.

3.4 To place an order, you can open an account with eBay, in which case you will be required to provide certain personal information to eBay. You can also choose to place your order as a guest, in which case some personal information and detail of payment are also required. Kontri is not responsible for eBay's handling of such information. You should check eBay's terms of service and privacy policy for information about the storage and use of your personal data.

3.5 By placing an order for Products offered by Kontri through eBay you are confirming that you intend to enter into a contract with us for the purchase of those Products with an obligation for payment. Your order constitutes a binding offer to conclude a contract to purchase the goods ordered.

You will receive from eBay an email confirming your order and containing all details of the order. You should check whether the order is accurate and notify us immediately every error. The purchase is definitive only after the Client received such a message, which constitutes the acceptation of the order by the Seller, and after this latter perceived the whole price.

3.6 If you made an error in your order, please contact our Customer Support as soon as possible. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

3.7 The Products' offer is subject to availability. If for any reason, we are unable to fulfill your order (for example if the Product ordered is not available) we may cancel the order. If this is the case, we will notify you and refund any payment that you have made using the same method originally used by you to pay for the Product to the extent possible.

3.8 All Products that you order through our eBay listings will remain the property of Kontri until we have (i) received the entire and effective payment and (ii) delivered the Products to the address specified by you.

3.9 If your order hasn't arrived at the indicated date, please contact us as soon as possible and no later than 14 days after the expected delivery date. If there are one or more items missing from your order, please contact us immediately and no later than 14 days after receiving your order. If within 30 days of the expected delivery date the ordered Products have not reached you yet, you may cancel your order.

3.10 If part of your order is on backorder and part of your order is available, we will contact you and you will be able to make a decision if we should dispatch the items that are in stock and cancel the out-of-stock items or wait for the missing items and send the complete order in one shipment.

3.11 Only persons over eighteen years of age can place an order. By placing an order, you warrant and represent that you are at least eighteen years old and that you are authorized to place the order and make payment using the payment method selected.

4. Delivery

4.1 The list of countries where the delivery is possible is available on each eBay listing in the tab Shipping and Payments.

4.2 Orders are dispatched by Kontri from the United Kingdom.

4.3 Items are usually dispatched Monday to Friday within 3 business days of receiving cleared payment. In case of holidays, over the Christmas period, or other high volume periods (for example Valentine's Day) an additional period has to be foreseen. Delivery times advertised are an estimate only and are not a guarantee, which is accepted by the Client. Delays of delivery may not give rise to damages.

It is recalled that the cost of delivery will be displayed at the ordering time on the Website and confirmed on the order overview before payment.

4.4 The Products' transfer of ownership from the Seller to the Buyer will be completed after receiving cleared payment from the latter, regardless of the Products delivery date.

4.5 Regardless of the Products' transfer of ownership date, the risks of loss and damage to the Products shall pass to you when they are delivered to the delivery address specified in your order.


5. Warranties and Claims

5.1 You shall check the state and conformity of the ordered Products upon receipt. If they are damaged or non-compliant, you must note the details of the reasons of your claims in the form joined to the delivery documents or in a written note. Your claims can be submitted:

By paper mail to: KONTRI LTD. 49 Hevea Road DE13 0SH Burton-on-Trent, United Kingdom.
Or by eBay Messages
Or by phone: +44 20 3129 1615 (international rates apply)

The claims must reach us without delay, no later than ten (10) days from the reception of the Products. In order to proceed promptly to your demand, we invite you to privilege the e-mail to contact us.

5.2 The claims based on an apparent defect, a malfunction or a non-compliance observed by the Buyer will give rise to the return of goods subject to the acceptance by Kontri. In this case we may offer you an exchange for the same Product, or the refund of the price paid, except any other compensation or damages. The Product shall be returned in its original packaging within fourteen (14) days of the delivery date (i.e., it must be shipped within 14 days to us). The returned Product(s) shall be new, unused and unworn and in its (their) original packaging. We can also decide that you may not have to return the Product although we accept to refund you. In such case, you will receive a notification from us.

After expiration of this deadline and having failed to comply with these formalities, the Products will be presumed to be conformed and exempt of any apparent defect and no claim may be accepted by the Seller.

In case of return due to a claim admitted by Kontri, you can return the Product only after we agreed the delivery service you choose to return it. The costs of return will be reimbursed upon presentation of receipts.

The Client shall conserve the proof of deposition provided by the delivery company. In case of loss of the package, no refund shall be made without this proof of deposition.

If you've asked for exchange Product you will not be charged again for delivery. Unless otherwise requested, exchange Products will be sent via the cheapest delivery method offered, whichever delivery method was on your original order. Exchange Products can be sent via expedited delivery (if the address is not excluded from this type of delivery) and the difference in cost between the two services will be charged to the Buyer.

5.3 The Seller shall not be found liable in the following cases:
- Non-compliance with the delivery country legislation if the country is not mentioned in the Website or if we are unable to deliver to that country for the reasons which do not depend on us.
- Misuse, professional use, negligence, lack of maintenance from the Client as well as normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any case, limited to exchange or reimbursement of the non-compliant or defective Products.

6. Your Right to Cancel an order or the contract

6.1 You may cancel your order prior to it being processed.
To do so, you should contact Customer Service as soon as possible.
Via eBay messages
Or by phone: +44 20 3129 1615 (international rates apply)

In order to proceed promptly to your demand, we invite you to privilege the e-mail to contact us. Once your order has been processed, it cannot be cancelled.

6.2 You may ask for the cancellation at any time if the item has not been delivered within 30 days from the delivery date specified in the contract or an amended delivery date for which you agreed in writing or in electronic form; if the contract does not specify the delivery date, you may cancel the contract within 30 days from the date when your order has been filed.

To cancel the contract, you must notify the claim to Kontri in writing and in a clearly comprehensible manner via eBay messages.

The Seller's obligation is presumed to have been performed if the deliverer attempted to deliver on the planned date or on the date specified in a notice sent to the consumer within a reasonable time, but was prevented from doing so by the Client's refusal or the actions or negligence of the Client.

Any breach of the Client's obligations related to the right to cancel the contract (see the articles 7 and 9) is actionable by the Seller as a breach of statutory duty.

7. Returns

If you have changed your mind after ordering, you may return any unwanted Products within 30 days of receiving your purchase (this means that they must be shipped back to us within 30 days, regardless of when we actually receive it.) Please note that you will be responsible for the costs of returning the Products to us unless the Products were delivered to you in error, or if they are damaged.

8. Return process

You should not return any Products to our registered company address.

8.1 If the item is delivered after the contract has been cancelled, you must return (ship back) the Products unused and in the same condition in which they were delivered within 15 days after you gave the notice of cancellation to us or after the goods have been delivered to you, whichever is later.

8.2 In case of cancellation of the contract due to the failure of delivery within 30 days from the expected delivery date, we bear the return delivery costs, provided that the amount is reasonable and properly justified.

8.3 If you are returning unwanted Products due to your change of mind, you will be responsible for the costs of returning them to us, unless the Products are defective or non-compliant (in accordance with article 5).

8.4. If you wish to ship back an item please follow the steps below:

1) Inform us about your wish to return a Product via the appropriate option for this purpose on eBay.ca or eBay messages.

2) After we receive your request, you will receive instructions on how to achieve your return with the corresponding address.

8.5 If you choose to return any Products to us, we will not be responsible for any loss in transit and, for this reason, we recommend you to use a recorded delivery service.

8.6 Please make sure that bottoms are tried on over your own underwear and when trying on bras or other garments avoid deodorant, sweat, make up, or lotions coming into contact with the Product. You should take care of (and not wear) any Product that you wish to return to ensure that they are not damaged. If the items are returned incomplete, damaged, soiled or washed, we have the right not to issue a refund or to reduce the amount refunded in our sole discretion.

9. Refunds

9.1 Refunds linked to cancellation due to the failure of delivery within 30 days from the expected date, will be issued under a fast timeline and at the latest, within 15 days after the notice of cancellation has been given to us. We bear the whole costs paid by you, at the condition that you present us a receipt and that the costs are reasonable.

9.2 Refunds linked to returning of unwanted items will be issued under a fast timeline and at the latest, within 14 days after we receive back the goods supplied by you.

9.3 If any returned items show evidence of use beyond necessary handling (in order to inspect and try on the Products), we have the right not to issue a refund or to reduce the amount refunded in our sole discretion.

9.4 The refund will be made by the same means of payment as you used for your initial transaction, unless you and we have expressly agreed otherwise. In any case, the Client is not charged any return processing fees.

10. Damages

We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for any loss of data, profit, revenue or business or for any indirect or consequential loss or damage however caused.

11. Accuracy of content

Kontri attempts to be as accurate as possible. We make every effort to ensure that the presentation of the Products and especially the Product color as shown on eBay is as accurate as possible, but the colors shown may vary depending upon the setting of your computer monitor. Please note that the estimated dispatch and delivery times are only estimates, and cannot be guaranteed. We reserve the right to correct any error, inaccuracy, or omission and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

12. Miscellaneous Provisions

12.1 If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

12.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from force majeure.

12.3 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.

12.4 We exclude any liability linked to your use of our eBay listings (including any content on it or any website accessible from it) and to damages it may cause to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use the Website safely. Except as may be required by applicable law, Kontri shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via our website or eBay listings.

If you have any additional question you may contact our Customer Support.

via eBay Messages
Or by phone: +44 20 3129 1615 (international rates apply).

13. Privacy Policy

13.1 The Client acknowledges that any use of our Product portfolio and eBay listings is subject to this Privacy Policy together with our Terms and Conditions.

Kontri is committed to respecting the privacy of its Clients.

You must read this privacy policy carefully and we recommend that you print and retain a copy for your future reference. If you do not want your data to be used as set out in this privacy policy, you should not open an account or place an order.

We do not knowingly collect data from any unsupervised person under the age of 18. If you are under the age of 18, you must not open an account or submit any personal data to us unless you have the permission of, and are supervised by, a parent or legal guardian.

13.2 Data collected

We may collect the following personal data about you:


• name/names


• surname/surnames


• e-mail address


• postal address


• delivery address (if different from your postal address)


• telephone number


• eBay User Id

Kontri is not responsible for eBay's handling of such information. You should check eBay's terms of service and privacy policy for information about the storage and use of your personal data.

13.3 How we use your personal data

We may store and use information that you provide or that is obtained by us:

• to process your purchases made through eBay,


• to send you information we think you may find useful about your order or which you have requested from us by e-mail (eBay newsletter). If you prefer not to receive any marketing communications from us, you can opt out at any time,


• to be communicated to third parties in order to make delivery of the Product to you (e.g. Royal Mail Group Ltd.) or in order to process the online payment (e.g. Paypal) and in order to fulfill your orders and provide you with telephone and e-mail support (Kontri Sp. z o.o).

The storing and processing of your information are realized on our own information technology systems or on systems owned by third parties that may store and process your information on our behalf.

We may also disclose your personal data where necessary to comply with applicable law or an order of a governmental or law enforcement body.

13.4 Your rights

In accordance with the Privacy Act, you may have the right to request access to your personal data, and to request a modification or rectification of your personal data.

At any stage you also have the right to ask us to stop using your personal data for direct marketing purposes or to opt out at any time by clicking on the unsubscribe link.

If you wish to exercise any of the rights specified above, or have questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please contact us by any of the following means:

• phone us at: +44 20 3129 1615 (international rates apply)


• e-mail us via eBay Messages
  
• write to us at: KONTRI LTD. 49 Hevea Road DE13 0SH Burton-on-Trent, United Kingdom

13.5 Updates to this policy

We may amend and update this policy from time to time. Any changes in the future will be posted on this page. The date of the latest update to this privacy policy is set out at the top of this policy.

14. Governing Law and Dispute Resolution

These Terms and Conditions and the orders are governed and submitted to Canadian Law. Federal laws and laws of the Client's Province of residence apply in the event of a dispute. The English version of the text shall be the only authoritative text in the event of a dispute with a resident from a Canadian province other than Quebec or New Brunswick.

Claims or contestations will always be considered with attention. They must be addressed to our Customer Support.

15. Jurisdiction

As the present Terms and Conditions only concern Buyers who do not have the status of trader, any dispute related to the buying and selling operations concluded in application of the present Terms and Conditions about their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not be settled between the Seller and the Client will be submitted to competent courts under conditions of ordinary law.

Without prejudice to his or her right of legal action, the Client may have recourse to mediation or to any alternative dispute resolution, especially to the mediation services from the Small Claims Division of the Civil Division of the Court of Québec.
Until May 15, 2018, an attempt to mediation shall be made prior to the court action for the recovery of any claim less than or equal to $ 15,000 for claim arising from residing Buyers in the judicial districts of Gatineau and Terrebonne of the Province of Québec.