RETAILER TERMS & CONDITIONS OF USE

Retailer terms and conditions are only available for Canada right now. The terms and conditions for other countries will be available shortly.
For more information, please contact your sales representative.

Les conditions générales des détaillants ne sont disponibles que pour le Canada pour le moment. Les conditions générales pour les autres pays seront disponibles sous peu.Pour plus d'informations, veuillez contacter votre représentant commercial.

Los términos y condiciones del minorista solo están disponibles para Canadá en este momento. Los términos y condiciones para otros países estarán disponibles en breve. Para obtener más información, comuníquese con su representante de ventas.

Al momento, i termini e le condizioni del rivenditore sono disponibili solo per il Canada. I termini e le condizioni per gli altri paesi saranno disponibili a breve. Per ulteriori informazioni, contattare il proprio rappresentante di vendita.

Die Geschäftsbedingungen für Händler sind derzeit nur für Kanada verfügbar. Die Geschäftsbedingungen für andere Länder werden in Kürze verfügbar sein.Für weitere Informationen wenden Sie sich bitte an Ihren Vertriebsmitarbeiter.

 

B2B Terms and Conditions - Canada

1. Effect of these Terms and Conditions. These terms and conditions (the “Terms and Conditions”) apply to the purchase and sale of Joseph Ribkoff Inc. (“Joseph Ribkoff”, the “Company”, “we” or “us” as the case may be) products (the “Products”). By signing these Terms and Conditions, or otherwise placing an order for Products from us, you accept and are bound by these Terms and Conditions. These Terms and Conditions override any terms and conditions that are inconsistent with these Terms and Conditions in any purchase orders or other documents you use or in communications you send to us (unless we specifically sign a document agreeing otherwise). Failure to comply with these Terms and Conditions entitles us to cancel any open orders you may have with us. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms and Conditions. Our use of the words “you” and “your” include the company, corporation, or other entity for which you are authorised to act.

2. Product Availability. Product availability is subject to change without notice. We reserve the right to cancel any orders that you place for Products that are no longer available.

3. Orders, Sales Order Confirmation. You agree that any order you place with us for the purchase of Products is an offer to buy, under these Terms and Conditions, all the Products listed in your order. We are not obligated to sell any Products to you until we accept such order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation of your order (a “Sales Order Confirmation”). Once you place an order with us and we have accepted it, we will issue you a Sales Order Confirmation. It is your responsibility to review this confirmation and advise us of any errors therein. The Sales Order Confirmation will indicate a “Start Ship Date” and a “Cancellation Date”. We will endeavour to ship the Products on a date that falls between the Start Ship Date and the Cancellation Date that is indicated on the Sales Order Confirmation. On or after the Cancellation Date, if we have not yet shipped the Products listed in the applicable Sales Order Confirmation, you may notify us in writing of your wish to cancel any open orders before such orders have shipped. You may not cancel an order for which we have already shipped the Products, even if you notify us in writing of your desire to cancel the order on or after the Cancellation Date. The Start Ship Date and any delivery date given by us to you is an estimate only and we will not be held liable for any loss occasioned by failing to deliver on or by that estimated delivery date. All orders remain conditional to proper credit standing until the time of delivery.

4. Prices and Price Modifications. We will notify you of the price for the Products when you place your order. We reserve the right to modify pricing at any time.

5. Order Cancellations. You may cancel your order: 1) within seven (7) calendar days of that order being placed, without charge, unless we have already shipped the order; or 2) after the Cancellation Date in accordance with Section 3 above. Cancellations will not be effective until written notice of the requested cancellation is received by Joseph Ribkoff. We will not be liable for any losses you incur in connection of any such cancellations.

6. Taxes, Duties and Shipping Costs. We will arrange for shipment of the Products to you. Unless otherwise specified on the Sales Order Confirmation, the taxes, duties and shipping costs that you will be responsible for will be provided to you by us as part of your account opening process.

7. Title. The title of the Products is passed on from the Company as per the specified shipping terms of the order. The Company maintains a lien on the Products until payment is received by us in full.

8. Delivery. We will use reasonable endeavours to deliver the Products to the delivery point and on the date requested in your order. However, we will not be liable for any losses you may suffer as a result of a delay or failure to deliver the Products. 9. Returns. Returns will only be accepted in accordance with these Terms and Conditions. If you wish to return Product(s) to us after you have received them, within seven (7) days of delivery of such Products, you must email or telephone the Company and request a Returns Authorisation number (an “RMA”) after advising us of the style number, colour and size of the Product(s) to be returned together with the reason for the return. No returns of any type will be accepted without an RA number. Our provision of an RMA number to you is not an indication that the return of the Products will be accepted by the Company, but merely an agreement that the Company will investigate the reason for the return. The Products must be received by the Company at the address indicated in the RMA within 14 days of the date you initially received the product(s). Upon receipt of the duly authorized returned goods, we will validate conformity with the submitted reason for the return. If we determine that the return is valid and that the Products are in a condition that is acceptable to us, we will, at our entire discretion, either give you a credit for the value of the returned Products or replace the Product(s). If we conclude that the returned Products do not meet the reason for the return or are not in a condition that is acceptable to us, we will return the Products to you with an explanation for our non-acceptance and the amount originally invoiced for the Products will remain payable if still outstanding. Products returned to us must be in the original packaging, have all original tags attached, and not have been worn, altered or damaged in any way. You will be responsible to pay us an administrative fee of up to 15% (of the value of the returned Products) for any Products we return to you for any of the aforementioned reasons. For greater certainty, we do not offer cash refunds, only credits to your account that you may use for future purchases of Products from us.

10. Invoicing. An invoice will be provided to you subsequent to the shipment of Products. You may not exercise set-off with respect to any payment owing to us.

11. Payment Terms. Payment terms for your account are within our sole discretion and will be indicated in the invoice you will receive for any Products which you have purchased and have been shipped to you. If we consider (in our absolute discretion) that your creditworthiness is unsatisfactory or cannot be determined or the amount owing would exceed your credit limit, we may require you to pay for the Products prior to delivery. Without waiving any of our other rights or remedies, we may refuse additional orders from you until all overdue amounts are paid in full.

12. Intellectual Property. As an authorised Joseph Ribkoff reseller, we may provide you with marketing materials featuring our Products. In these cases, we grant you a limited, non-exclusive license to use and distribute these materials in accordance with the instructions provided by us. You are not authorized to create your own marketing materials featuring the Joseph Ribkoff brand unless pre-approved in writing by us.

13. Copying and counterfeit. Joseph Ribkoff is the sole owner of the Joseph Ribkoff brand. The authorization to sell our Products which we supply to you, in no way grants you any permission whatsoever to copy or re-brand our Products or commit any like offence. Additionally, we will not tolerate any acts that could discredit or damage our brand reputation. Any such activities may

result in the termination of our business relationship, with all amounts owing by you to be immediately due. Additionally, we reserve all rights to pursue legal action against you, your company and its directors if required. Further, you will indemnify us for any such action and any and all damage incurred, including legal fees.

14. Limitation of Liability. The liability arising from the breach of any condition or warranty in relation the Products sold to you is limited to the replacement of the Products or the refund of the price paid for the Products, at the Company’s sole option. IN NO EVENT SHALL JOSEPH RIBKOFF BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO A BREACH OF ITS OBLIGATIONS HEREUNDER, WHETHER BY NEGLIGENCE OR OTHERWISE OR (II) ANY AMOUNT GREATER THAN THE AMOUNT PAID TO THE COMPANY FOR THE PRODUCTS FROM WHICH A CLAIM ARISES.

15. Privacy.If you have made an application for credit, you authorise the Company to obtain personal credit information in relation to the application for credit. The Company may give information about you to a credit reporting agency to obtain a credit report or to allow the credit reporting agency to create or maintain a file relating to your business. The Company will comply with all privacy requirements applicable to it. Additionally, in the event you have purchased Products from us, or have subscribed to receive our newsletters and other marketing communications via our website or social media, such actions shall be considered consent for us to contact you, namely by sending you commercial electronic messages, with respect to business needs, as well as future promotions, and other marketing activities. For more information on how we may use your personal information, consult our Privacy Policy (INSERT LINK).

16. Modifications. The Company reserves the right to modify these Terms and Conditions at any time. Your continued purchase of our Products is your deemed acceptance to these Terms and Conditions.

17. Confidentiality As an authorised reseller of Joseph Ribkoff Products, we trust you with certain confidential information. You agree to maintain all non-public information and data which is proprietary to the Company and related to the Products purchased pursuant to an order or to the Company's business disclosed to you hereunder confidential ("Information"). You agree to use the Information for the sole purposes of performing your obligations hereunder and agree not to disclose the Information other than to your employees having a clear need to know, and such employees are subject to similar confidentiality obligations. You shall be responsible for any unauthorized disclosure of Information by such employees. Upon the written request of the Company, you shall return all tangible Information and copies thereof, within thirty (30) days of the cancellation of any order or the termination of our relationship. The provision of this section shall survive the expiration or termination of the relationship or cancellation of any order.

18. Entire Agreement. Unless otherwise agreed in writing between you and the Company, these Terms and Conditions constitute the entire agreement between us with respect to the subject matter hereof and may only be amended by a mutual written agreement between us.

19. Severability. If any provision herein is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included herein.

20. Jurisdiction. Unless otherwise agreed in writing between the Company and you, these Terms and Conditions shall be governed and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein. The parties expressly agree to exclude

the application of the United Nations Convention on Contracts for the International Sale of Goods. You agree to attorn to the exclusive jurisdiction of the courts of the Province of Québec, in the district of Montreal.

21. Language. You hereby declare having received a French version of these Terms and Conditions and have requested to receive an insert language version of the Terms and Conditions. prior to receiving this version in English

Celebriamo la moda dal 1957.