Terms and conditions of use
1. Introduction : This website is operated by Engraft Pro Sock Manufacturing Incorporated. The terms ‘we’, ‘us’, and ‘our’ refer to Engraft Pro Sock Manufacturing Incorporate. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions, warranties and disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content.
If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services, or place an order on our website.
2. Use of Our Website : You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain or attempt to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
3. General Conditions : We reserve the right to make changes to our site, policies, the Terms and other conditions of use at any time, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature or product offered through our website.
We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will meant that you agree to any changes.
We reserve the right to refuse service to anyone, at any time, for any reason.
4. Your Personal Information : Please review our Privacy Policy, which also governs your use of our website, to understand our practices and how we collect, use and protect your personal information.
5. Products and Pricing : All products offered on our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic reason or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. Sales tax will be charged based on provincial and federal tax laws, and the applicable tax rates for your order. Where required, taxes may also be applied to shipping fees.
We attempt to be as accurate as possible, however, we do not warrant that product descriptions as available on our website are accurate, complete, reliable, current or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.
We reserve the right, in our sole discretion, to refuse orders, including and without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
6. Risk of Loss : The risk of loss and title for items you purchase from the Website will pass to you upon delivery of such items to the carrier, or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
7. Returns, Refunds, and Title : We do not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
For full information regarding our returns and refunds, please see our Delivery & Return Policy.
8. Third-Party Websites and Services : When you use our website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
When you place an order on our website, you may also be using the services of one or more third parties, such as an online banking platform or payment provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
9. Errors and Omissions : Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability. We reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify, or clarify information on our website except as required by law.
10. Disclaimers and Limitations of Liability : OUR WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, EXCEPT AS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EXCEPT AS OTHERWISE SPECIFIED IN WRITING.
THE INFORMATION CONTAINED ON THIS WEBSITE AND OUR PRODUCT PACKAGING IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE OR OUR PRODUCT PACKAGING. NEVER RELY ON INFORMATION ON THIS WEBSITE OR OUR PRODUCT PACKAGING IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE. THE EPS FACE COVERINGS ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL GRADE PERSONAL PROTECTIVE EQUIPMENT. THE EPS FACE COVERINGS ARE NOT GUARANTEED TO PREVENT THE CONTRACTION OF ANY VIRUS OR DISEASE.
11. Indemnification YOU AGREE TO DEFEND AND INDEMNIFY US, AND HOLD US AND OUR AFFILIATES HARMELESS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, AND EMPLOYEES, AGAINST ANY LOSSES, LIABILITIES, CLAIMS, EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS) IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, YOUR VIOLATION OF THE TERMS, OR THE POSTING OR TRANSMISSION OR ANY MATERIALS ON OR THROUGH THE WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.
12. Entire Agreement The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
13. Waiver Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
14. Headings Any headings and titles herein are for convenience only and shall not affect the construction or interpretation of the Terms.
15. Severability If any provision contained in the Terms or its application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of the Terms or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected, and each provision of the Agreement shall be separately valid and enforceable to the fullest extent permitted by law.
16. Governing Law and Disputes This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada.
Any disputes arising out of or relating to the Terms, the Privacy Policy, the use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario, without reference to its conflict of laws provisions. Any disputes or claims relating in any way to the use of the website, our products or services offered on our website will be resolved by binding arbitration, in Mississauga, Ontario, rather than in court.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Privacy Policy
We are committed to maintain the accuracy, confidentiality and security of your personally identifiable information (“Personal Information”). As part of this commitment, our Privacy Policy governs our actions as they related to the collection, use and disclosure of personal information. Our Privacy Policy is based on the values set by the Canadian Standards Association’s Model Code for the Protection of Personal Information and Canada’s Personal Information Protection and Electronic Documents Act.
1. Introduction We are responsible for maintain and protecting the Personal Information under our control. We have designated and individual or individuals who is/are responsible for compliance with our Privacy Policy.
2. Identifying Purposes We collect use and disclose Personal Information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process.
3. Consent Knowledge and consent are required for the collection, use or disclosure of Personal Information, except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.
4. Limiting Collection The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information form you in person, over the telephone, or by corresponding with you via mail, facsimile, or the Internet.
5. Limiting Use, Disclosure and Retention Personal Information may only be used or disclosed for the purpose for which it was collected, unless you have otherwise consented, or when it is required or permitted by law. Personal information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law.
6. Third Party Services Personal Information you provide to third party services in connection with an order placed on our website may be subject to separate policies of those third parties.
Although we endeavour to only work with sites with high privacy policy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites or services. Therefore, we suggest you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.
7. Safeguarding Customer Information Personal Information will be protected by security safeguards that are appropriate to the security level of the information. We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.
8. Correcting or Updating Information Personal Information will be maintained in as accurate, complete, and up-to-date form as is necessary to fulfill the purposes for which it is to be used. If your Personal Information changes, or if you no longer desire our services, we will provide a way for you to correct, update, or remove your personal data provided to us.
9. Information Shared with Third Parties Shipping, Billing and Other Services Companies
We use outside shipping companies to ship orders and mail advertisements and catalogs. We also use a credit card processing company to bill users for goods and services. We may partner with other parties from time to time to provide specific services. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.
Advertising
We use a third-party service provider to serve ads on our behalf across the Internet, and sometimes on this website. These providers may collect anonymous information about your visits to our site and your interactions with our products. They may also use information about your visits to this and other websites to target advertisements for goods and services. No personally identifiable information is collected or used in this process.
10. Customer Access We will make information available to you about our policies and practices with respect to the management of your Personal Information.
Upon request, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to it. You may verify the accuracy and completeness of your Personal Information, and you may request that it be amended, if appropriate.
However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security, or commercial proprietary information.
11. Handling Customer Complaints and Suggestions You may direct any questions or enquiries with respect to our privacy policy or our practices to us by contacting: customerservice@engraftprosocks.com
12. Other Information Collected Cookies
A cookie is a short string of data that allows our website to remember who you are. It is a small computer file or piece of information that may be stored in your computer’s hard drive when you visit our websites. We use cookies to remember reference keys to some of your search preferences, checkout capabilities, and other site preferences so we can provide a more convenient experience during your next site visit.
No personal information is stored in the cookie, nor is any credit card or financial data stored in the cookie. All real account information and transaction history are kept in our secure database. When you leave our site, we terminate our interaction with the cookie.
The cookie stays on your computer, and you can delete it anytime you like. You may also change your web browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie, so that you may decline its acceptance. Please note, however, that if you disable or delete cookies, you may not experience optimal performance of our website and you may have to login again and re-enter any preferences you have set.
Automatic Information
Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the Internet, computer and connection information, such as browser type, version, and time zone setting, browser plug-in types and versions, operating system and platform, language preference, referring site, date and time of visitor request.
We collect this information to better understand how our users use our website and to improve our services. From time to time, we may publish report trends or statistics on the usage of our website, based on this non-identifying data.
Delivery & Return Policy
1. Availability : All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you as such. It will be your decision to wait for the product to become available again, or to have the total amount of your order refunded, using the original method of payment.
2. Delivery Location and Time Items offered on our website are only available for delivery to addresses in Canada, the United States.
An estimated delivery time is provided to you upon the placement of your order. Delivery times are estimates only, and commence from the date of shipping, rather than the date of order. Delivery times are subject to the acceptance and approval of your order.
Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.
3. Shipping Costs : Shipping costs are based on the weight and size of your order, and the delivery method. Shipping charges are displayed on the checkout screen. Additional shipping charges may apply to remote areas or for large or heavy items. You will be advised of any such charges on the checkout page. Sales tax will be charged based on provincial and federal tax laws, and the applicable tax rates for your order
4. Risk of Loss : The risk of loss and title for items you purchase from the Website will pass to you upon delivery of such items to the carrier, or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
5. We accept returns under our satisfaction guarantee. You have thirty days from the date of purchase to decide whether our product is right for you.
Before returning your product, please contact us at customerservice@engraftprosocks.com with a short description of the reason for return. We will then provide you with a return authorization. Products mailed to us without a return authorization will not be accepted and will not be entitled to a return.
6. Warranty : This product is under warranty if the integrity of the garment becomes compromised and is deemed unusable due to manufacturers’ defects in our view acting reasonably.
Product returns under warranty are limited to a time of 365 days from the date of purchase. Proof of purchase is required to process a warranty return.
7. Exceptions: Some items are non-refundable and non-exchangeable. When this is the case, such item will be indicated as such on the purchase screen.
8. Shipping : To return the item you purchased, please mail it to:
38 Gotha Street, Unit 3
Trenton, Ontario
K8V 6E1
Refunds do not include any shipping and handling charges shown on either the packaging slip or the invoice. Shipping charges for all returns must be prepaid and insured by you. Any amounts refunded will not include the cost of shipping. IMPORTANT : As of April 26, 2020, 3% of the purchase price will not be refunded as the payment processor no longer refunds their fees. Customers will receive a refund of the purchase price of the item minus 3%. For example, a $100.00 purchase will be refunded in the amount of $97.00.
9. Title of Goods: We do not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.