Firenze Shoes eContract Terms

  1. 1. e-Contract Terms Identifying Contracting Parties and Effective Date. This Agreement is between you, the purchaser of the shoes and other goods (the “Goods”) on www.firenzeshoes.ca (“You”) and Firenze Shoes Inc. (“Firenze Shoes”). “We” and “Us” means both You and Firenze Shoes. The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out below.

  2. 2. e-Contract Acceptance Procedure, Signature and Error Correction Terms. IMPORTANT! YOUR PURCHASE OF GOODS ON THIS WEB SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET OUT BELOW. BY CLICKING ON “PROCEED WITH PURCHASE” YOU ACCEPT THESE TERMS AND CONDITIONS. THAT ACTION IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF THERE IS AN ERROR IN THE TERMS AND CONDITIONS OR IF YOU DO NOT AGREE WITH THEM, PLEASE CLICK ON THE “BACK” BUTTON OF YOUR BROWSER TO MAKE A CORRECTION OR CLICK ON THE “CANCEL” BUTTON BELOW TO CANCEL THIS TRANSACTION.

  3. Price and Payment. The price to be paid for the Goods shall be Firenze Shoes’ price as specified at the time of online checkout

  4. Packing.All Goods that are to be shipped under this Agreement shall be securely and safely packed in cartons, boxes, envelopes or other containers affording reasonable protection to the Goods contained therein against the elements and other risks of damage, loss or theft normally incidental to the shipment of Goods of the type or kind being shipped. Firenze Shoes bears no responsibility or liability for damage to Goods after shipment from Firenze Shoes’ facilities.

  5. Time, Place and Method of Payment.Payment for the Goods shall be made at the time of purchase in the method You select at the online checkout.

  6. Time, Place and Manner of Shipping. Firenze Shoes shall ship all Goods that are to be shipped by the method as selected by You at the time of online purchase. Should You wish to change the shipping method selected, You must give Firenze Shoes written notice of Your wish to change shipping method without twenty four (24) hours of submitting Your order online.

  7. Cancellation/Refunds and Returns. Please see our Returns and Exchanges Policy.

  8. Your Covenants. You agree to pay all amounts owing under this Agreement at the time when due.

  9. Firenze Shoes’s Covenants. Firenze Shoes agrees to: supply the Goods in accordance with this Agreement, together with such evidence or proof of conformity as may be required under this Agreement or may reasonably be requested by the Buyer; contract or otherwise arrange on usual terms at its own expense for the carriage of the Goods by the customary route to the agreed destination; observe all laws and conform to valid requirements of any governmental authority with respect to packaging, storage and shipment of all or any part of the Goods; and, from time to time upon request by You do, execute, acknowledge and deliver or cause to be done, executed, acknowledged or delivered, all and every such further acts, bills of sale, bills of lading, deeds, mortgages, transfers and assurances in law as You may reasonably request to evidence or protect Your interests in the Goods or to carry into effect Our intentions as set out in this Agreement.

  10. e-Contract Terms Consenting to Electronic Documents. You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, if to You to the address you provide to Firenze Shoes when registering for this transaction or if to Firenze Shoes at 3175 Rutherford Road, Unit 41, Vaughan, Ontario, L4K 5Y6, and that this Agreement in electronic form shall be the equivalent of an original written paper agreement between Us.

  11. e-Contract Jurisdiction and Language Clause. Firenze Shoes, this web site and its server are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the exclusive jurisdiction of the Ontario courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the Ontario International Sale of Goods Act as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Firenze Shoes related to the purchase of goods or services on this web site, the exchange of electronic documents between us, Goods or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Firenze Shoes or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

  12. e-Contract Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FIRENZE SHOES DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL FIRENZE SHOES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED BY FIRENZE SHOES OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF FIRENZE SHOES OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL FIRENZE SHOES’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL FIRENZE SHOES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, FIRENZE SHOES’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF FIRENZE SHOES. FOR THE PURPOSES OF THIS SECTION, THE “FIRENZE SHOES” SHALL INCLUDE FIRENZE SHOES’S AFFILIATES AND FIRENZE SHOES’S AND ITS AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

  13. e-Contract Confirmation of Contract and Print Request. The Agreement between You and Firenze Shoes for the purchase of the Goods as above described has been successfully completed. Please print a copy of the terms of the Agreement for your reference. A digital copy of the Agreement will be kept at Firenze Shoes’ head office and to view it, please contact staff@firenzeshoes.ca

  14. Further Assurances. Each party shall draw, executed, deliver to each other at their own respective expense, all such instruments and documents, and do all such things as the other party may from time to time reasonably consider necessary or advisable for the purpose of carrying out the intent and provisions of this Agreement.

  15. Assignment. Neither party may assign its rights or obligations under this Agreement without the consent of the other party.