Terms of Service
This website is operated by 2666898 Ontario Inc. (“Lithe Lashes”). Throughout the site, the terms "we', "us" and "our" refer to Lithe Lashes. Lithe Lashes offers this website (the “Site”), 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 here.
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 any of 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, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. 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 these Terms of Service, then you may not access the Site or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By accessing and using this Site you signify: i) that you have read, fully understand and agree to be legally bound by these Terms of Service; ii) that you will comply with all applicable laws and regulations as they may change from time to time; iii) that you have reached the legal age of majority in your jurisdiction of residence; and iv) that you are a resident of Canada.
Any new features or tools which are added to the current Site 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 Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
You may not use our Site, Services, or 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 by you of any of these Terms may, in our sole and absolute discretion, 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.
Credit card information is always encrypted when you submit it using our purchase process. Please do not provide us with credit card information, or other sensitive information, using potentially insecure communications such as email. 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 the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
Nothing on our Site should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision, action or inaction.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your 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 subject to change without notice.
We reserve the right at any time to modify or discontinue the Site or the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or the Service.
SECTION 5 – PURCHASING PRODUCTS OR SERVICES, PAYMENT TERMS, AND SHIPPING
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We seek to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
Our products are very special, and each is made by hand. For that reason, the product that you receive may vary slightly from what is depicted on the Site.
Purchases will only be shipped to a valid mailing address in Canada or the United States (as determined by Lithe Lashes in its sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (your “Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping. Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars.
You have a legal obligation to pay for any Orders you place on our Site. By completing an Order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Lithe Lashes will only charge you the invoiced amount, but your financial institution may charge you a service charge or other bank fees.
We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges. Taxes may depend on delivery location. You are responsible for any applicable custom and duty fees. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
All future promotional offers, sales, or discounts are unique and are offered only on the dates we choose to offer them. We do not offer price adjustments for purchases made prior to or after any promotion.
Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it is sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order.
The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. While we try to deliver your Order within the time period(s) indicated, we will not be responsible for any delays in delivery which are beyond our control.
Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order, you may receive several shipments to complete your Order.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – OUR RIGHTS REGARDING ORDERS, ACCURACY OF BILLING AND INFORMATION
We reserve the right to refuse 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number 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. All Orders are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of these Terms.
You agree to provide current, complete and accurate information for all purchases made at our Site. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy set forth in Section 7 below.
SECTION 7 - RETURNS
Our return policy lasts 30 days from the date your purchase is delivered, based on the tracking information available to Lithe Lashes. In the event of any dispute on the date of delivery, the tracking information of Lithe Lashes will govern. If 30 days have gone by since the date of delivery, unfortunately we cannot offer you a refund or exchange.
To be eligible for a return, your item must be returned in its original state, packaged and sealed, unopened, unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods may be exempt from being returned, and we will note such products on our website. For example, perishable goods cannot be returned, nor can gift cards.
To complete your return, we require a receipt or proof of purchase.
Your purchase should be sent to the address listed below under “Shipping.”
Any item not in its original condition or which is damaged or missing parts for reasons not due to our error cannot be returned.
Any item that is returned more than 30 days after the date of your purchase is delivered, based on the tracking information available to Lithe Lashes, will not be accepted.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to the credit card or original method of payment used to make the purchase; however, please note this may take several days.
Late or missing refunds
If you have not received a refund within several days of our confirmation email, first check your bank account again.
After that, please contact your credit card company. It may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you have done all of this and you still have not received your refund yet, please contact us at
Only regular priced items may be refunded; unfortunately, sale items cannot be refunded.
We only replace items if they are defective or damaged prior to your receipt of the items. If you need to exchange your product for the same item, send us an email at email@example.com and send your item to: 10-2450 Post Road, Oakville, ON Canada, L6H 0J2
To return your product, you should mail your product to: 373 Front Street West, Unit 810, Toronto ON M5V3R7, Canada.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We can only refund the amount you paid for the products you have returned. If you receive a refund, any cost you paid for shipping, including return shipping, will not be included your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item and are not responsible for any lost or damaged return packages.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service, and may also be subject to additional terms we provide with such features or services.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. 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 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You represent and warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
If you choose to provide us with any comments or other content, you (i) grant to Lithe Lashes a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all comments (in any format or media) that you post on, upload or otherwise submit to us; and (ii) waive all moral rights in and to all comments that you post on, upload or otherwise submit to us in favour of Lithe Lashes and anyone authorized by Lithe Lashes to reproduce or otherwise use such comments. For greater certainty and the avoidance of any doubt, this means that, among other things, Lithe Lashes has the right to use any and all comments and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the Lithe Lashes you post on, upload or otherwise submit to us will be deemed confidential.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site, the Service or on any related website 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 or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial/territorial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or other prohibited ground; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, or any other provision of these Terms.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site or Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable. You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Service at any time, without notice to you.
To the fullest extent permitted by applicable law, you expressly agree that your use of, or inability to use, the Site or Service is at your sole risk. The Site or Service and all products and services delivered to you through the Site or Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Without limiting the generality of the foregoing, Lithe Lashes makes no representation or warranty that: (i) the Site and its contents will be compatible with your computer, mobile or other device and/or software; (ii) the Site and its contents will be available or will function without interruption or error; (iii) the use of the Site and its contents, including, without limitation, the browsing and downloading of any information or material, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the Site will be secure; (v) the use of the Site and its contents will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or (vi) the use of the Site and its contents will not cause any damage to your computer, mobile or other device, software or electronic files.
Any products and/or services described on the Site are offered in jurisdictions where they may be legally offered for sale.
The information available on or through the Site and its contents is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
Any and all information obtained from or through the Site is for informational purposes only and is not intended to provide specific advice and should not be relied upon in that or any other regard. Your reliance on any information obtained from or through the Site is solely at your own risk.
Comments or opinions expressed on the Site are those of their respective users only. Comments or opinions expressed on the Site and in user content do not necessarily represent or reflect the views of Lithe Lashes. Lithe Lashes is not responsible for, and disclaims all liability in relation to, any and all user content posted, uploaded or otherwise submitted to or through the Site.
To the fullest extent permitted by applicable law, you expressly agree that in no case shall Lithe Lashes, our directors, 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or Service or any products procured using the Site or Service, or for any other claim related in any way to your use of the Site or Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Service or any content (or product) posted, transmitted, or otherwise made available via the Site or Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lithe Lashes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – OUR INTELLECTUAL PROPERTY RIGHTS
The Site consists of various graphics, texts, icons and buttons that have been provided by Lithe Lashes and/or other entities under our direction (e.g. site designers). All such content is owned by Lithe Lashes and/or the applicable third party entity. For greater certainty, Lithe Lashes and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”).
You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of Lithe Lashes or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms are expressly reserved by Lithe Lashes. For greater certainty, you agree that you will not take any action that is inconsistent with Lithe Lashes ownership of the Site and/or Lithe Lashes ownership of, or any third party’s ownership of, any Site Content.
Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of Lithe Lashes.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Lithe Lashes or other entities. Trade-marks may be registered in Canada and in other countries. All Trade-marks not owned by Lithe Lashes are the property of their respective owners. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Lithe Lashes ownership of, or any third party’s ownership of, the Trade-marks.
SECTION 17 - COPYRIGHT NOTICES
While we are under no legal obligation to actively screen or edit user content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user content, or to request a user to modify or edit his or her user content, if a complaint or notice of allegedly infringing materials is received with respect to the user content, or for any other reason.
To complain about any user content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the information below.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - 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 you or us. 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 Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
For users outside the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.
For users in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, and any related matters.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org. You may also contact us at: Lithe Lashes 10-2450 Post Road, Oakville ON, Canada L6H0J2 and Phone number: (647) 344 5074.