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Welcome to Holika Holika Canada’s Website (collectively, “www.holikaholika.ca” the “Website”). The Website is operated by Holika Holika Canada. (“Holika Holika” or “We”, as further defined below).
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. We may modify these Terms and Conditions at any time.
We are not liable for any lost or damaged mail.
- Location of Site Operations: HOLIKA HOLIKA operates the Site from its offices in Canada. HOLIKA HOLIKA makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.
- Site Modifications: HOLIKA HOLIKA may terminate, change, suspend or discontinue any aspect of the Site, including its functionality, at any time without prior notice or liability. HOLIKA HOLIKA may also (i) add, remove, modify or otherwise change any content that is on the Site or accessible from it or (ii) impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.
- Restrictions Relating to Use of the Site: You may only use the site in accordance with these Terms and Conditions. Unless otherwise specifically indicated in one or more sections of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever without prior written permission from HOLIKA HOLIKA. You may display or download material from the Site for non-commercial purposes only, provided that you do not modify it and that you respect its relevant copyrights.
- Trademarks: Names, words, titles, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”) that appear on the Site, products or any components included in or with those products may represent registered or nonregistered trademarks or other intellectual property belonging or licensing to HOLIKA HOLIKA, its affiliated companies or third parties.
- Content: All content appearing on the Site or products, specifically including any photos, illustrations, designs, trade-marks, images and text (collectively the “Content”), is the exclusive property of HOLIKA HOLIKA, its affiliated companies or third parties and is protected by Canadian and/or international copyright laws. You are hereby granted limited permission to access the Site for your personal and non-commercial use only, on the condition that you retain all credits and notices relating to copyright and other proprietary exclusivity. Unless explicitly stated in the Terms and Conditions, no other use of the Content is authorized.
- No Right Granted: Nothing that appears on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of HOLIKA HOLIKA or their owners.
- Restrictions Related to Site Use: You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Any no authorized use may make you liable for civil and/or criminal damages.
Links to Other Sites
The Site includes links to other websites operated by other companies. By clicking on these links, you will leave the HOLIKA HOLIKA Site. HOLIKA HOLIKA has neither developed, reviewed or verified the accuracy of the data contained on these sites. HOLIKA HOLIKA has no control over the operation of these websites and the fact that they may be linked to the HOLIKA HOLIKA Site does not in any way render HOLIKA HOLIKA, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.
As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to HOLIKA HOLIKA in any way whatsoever will be assigned to HOLIKA HOLIKA and who will become its full and sole owner, and you waive any moral rights with regard to this Information. HOLIKA HOLIKA hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish, license, distribute, disclose and transmit by any means and to whomever it sees fit any Information you submit to HOLIKA HOLIKA. Further, you are prohibited from submitting to HOLIKA HOLIKA Information that could be illegal, defamatory, obscene or contrary to any applicable law. When you submit Information to HOLIKA HOLIKA, you hereby represent that you hold any and all relevant rights to such Information, specifically intellectual property rights. You assume liability and agree to compensate, protect, indemnify and hold harmless HOLIKA HOLIKA, its related companies and their respective managers, directors, shareholders, agents, representatives and employees from any liability, obligation, loss, damage, penalties, claims, actions, legal proceedings, fees, expenses and expenditures (including legal fees) relating to or resulting from your use of the Site and the Information that you have submitted. HOLIKA HOLIKA reserves the right to not publish or to retract any material that you may have submitted to HOLIKA HOLIKA at its discretion, for any reason whatsoever.
STANDARD TERMS AND CONDITIONS OF SALE
Canadian Site: Residents of Canada
You must shop on the Canadian site and pay in Canadian funds.
Setting Up an Account:
- Amount: The purchase price for each product appears adjacent to it on the Site. All prices are in Canadian dollars.
- Shipping costs: Shipping and delivery charges and applicable taxes are extra (unless we state that shipping is included) and will be shown on screen before you confirm your order.
- Sales tax: Applicable sales taxes are extra and will be shown on screen before you confirm your order.
- Price changes: HOLIKA HOLIKA reserves the right to modify the prices of products on the Site at any time, without prior notice.
- Boutique prices: Prices for products offered on the Site may differ from prices for the same products sold in HOLIKA HOLIKA stores, and you will have no recourse against HOLIKA HOLIKA, its affiliated companies or HOLIKA HOLIKA distributor ship stores if the price difference is not in your favor or if you could have taken advantage of better sales terms had you made your purchase elsewhere or at another time.
- Credit Card Payment:
Credit cards accepted: At present we are not able to accept payment in cash or by cheque. The Site accepts the following credit cards only:
We reserve the right to stop accepting credit cards from one or more issuers at any time.
Validity and authenticity: You must use a valid and authentic credit card on the Site, and be an authorized user. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation. We reserve the right to contact the issuer for authorization if we suspect that a card is being used fraudulently.
Return and Exchange Policy
If you are not completely satisfied with any of our products, you may return them for an exchange or refund.
The following Return Policy only applies to online purchases made through holikaholika.ca. All store purchases may only be returned to Holika Holika Stores within the country of original purchase. Please contact your local store for Return Policy information.
We’re sorry, but returns or exchanges for purchases made in a Holika Holika retail store or partnered retail location may not be returned to holikaholika.ca. If the item you wish to return was not purchased through holikaholika.ca, we recommend returning to the place of purchase for resolution.
- Exchange: We accept HOLIKA HOLIKA product returns (with the exception of items purchased on sale or during promotions) at any time up until the end of the 14th day after they have been received. Merchandise purchased from the website HOLIKAHOLIKA.CA cannot be exchanged in store.
- Return: We will issue a refund for HOLIKA HOLIKA products (in their original packaging) within 14 days of their delivery date (with the exception of items purchased on sale or during promotions). We do not issue refunds for trial sizes or gift cards.
- All returned items must be complete with original tags and/or packaging if applicable.
- We are not responsible for the return shipping costs of the items.
- All Items must be in original, resalable condition.
- Address: The address for product returns is
- 2300 Yonge Street., P.O.Box2346, Toronto, ON, M4P1E4
- Supporting documentation: Returned items must be accompanied by their invoice and order number. Subject to Return & Exchange Policy above, you do not need to provide HOLIKA HOLIKA with any justification or pay any penalty.
- Return shipping costs: You must pay the cost of shipping and insuring returned items (unless HOLIKA HOLIKA did not ship the products you ordered or you received defective products, in which case HOLIKA HOLIKA will pay shipping and insurance costs as long as you use a shipper that insures the package against loss and damage).
- Credit: When your return arrives at HOLIKA HOLIKA, we will refund the amount debited to your credit card account—less shipping costs—as soon as possible provided that the merchandise has been returned by you and received by HOLIKA HOLIKA in accordance with Return and Exchange Policy above, and is in the same condition that it was at the time of delivery.
- Inventory: HOLIKA HOLIKA does not under any circumstances guarantee that products offered on the Site are available in inventory. If HOLIKA HOLIKA is not able to deliver any of the items you order because they are out of stock, we will refund the amount charged to your credit or debit card for these products and send you a refund confirmation by email.
- Damages: HOLIKA HOLIKA will not be responsible at any time for any damages that you may incur because products are out of stock.
- Gift wrapping: HOLIKA HOLIKA currently does not offer gift wrapping.
- Shipping destination: HOLIKA HOLIKA offers delivery throughout Canada only. We do not make any shipments outside.
- Address: HOLIKA HOLIKA will deliver items you purchase to the address you provide in your order. Deliveries cannot be made to post office boxes.
- Shipping Fees: Shipping fees vary depending on the order (weight, volume, destination and delivery time) and will appear on the screen before you confirm your order.
- Delivery Times: HOLIKA HOLIKA strives to have orders delivered as quickly as possible once your order is accepted, using the delivery method you select on the Site. Delivery times and fees will vary based on the shipment destination, delivery method selected and availability of products in inventory. Delivery time calculations are from the shipment’s departure from the HOLIKA HOLIKA premises.
- Deliveries: Product deliveries are subject to the corporate policies of the delivery companies used by HOLIKA HOLIKA, which presently include CanadaPost within Canada., and the corporate policies of other delivery companies that HOLIKA HOLIKA may use from time to time. Policies concerning the signature of delivery receipts will apply to you. If you select the “deliver without signature” option, you authorize HOLIKA HOLIKA and the shipper to leave your package in a safe place without first obtaining a signature and you will not need to worry about having someone present at the time of delivery. Selecting the “deliver without signature” option means that you irrevocably accept that a) HOLIKA HOLIKA and its designated shipper will deliver your package(s) as indicated in the “shipping address” section without obtaining your signature or the signature of a third party as long as the declared value of the shipment does not exceed $100; b) presentation by HOLIKA HOLIKA or its shipper of a delivery receipt showing the specified place and shipper’s signature release number constitute proof of proper delivery in accordance with your instructions; and c) you specifically waive the right to seek any recourse against HOLIKA HOLIKA and/or its designated shipper in the event that you do not receive your shipment(s) when proof of delivery has been provided. In addition, you will be responsible for recovering the products in accordance with the rules of one or both of the above mentioned companies.
Transfer Of Title:
You become the owner of the products you ordered when HOLIKA HOLIKA turns your shipment over to the delivery company. You assume all associated risks at that point and HOLIKA HOLIKA will not be responsible for any loss, destruction or damage.
Payment In Full:
HOLIKA HOLIKA must receive payment in full for products before they can be shipped to you.
THE FOLLOWING PROVISIONS APPLY TO BOTH USE OF THE SITE AND TO PRODUCT ORDERS.
- Disclaimer of Warranties: THE SITE AND THE ELEMENTS CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLICIT OR EXPLICIT. SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY, HOLIKA HOLIKA DISCLAIMS ANY LIABILITY AND PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOREOVER, HOLIKA HOLIKA MAKES NO REPRESENTATION, WARRANTY OR CONDITION RELATIVE TO (I) THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS SHOWN ON THE SITE OR THE RESULTS ARISING FROM THE USE OF SUCH ELEMENTS OR (II) THE FACT THAT THE SITE AND ITS CONTENT ARE OFFERED WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS (WHILE HOLIKA HOLIKA DOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS), THAT ERRORS /INTERRUPTIONS ON THE SITE WILL BE RECTIFIIED OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS-FREE.
- Limitation of Liability:
- IN NO EVENT SHALL HOLIKA HOLIKA, ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE SITE, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, WHATEVER THE ORIGIN OF THE ACTION (CONTRACTUAL RESPONSIBILITY, IN TORT, NEGLIGENCE, GROSS NEGLIGENCE OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF HOLIKA HOLIKA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT HOLIKA HOLIKA ’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.
- Regardless of the foregoing, nothing within the current Section LIMITATION OF LIABILITY can have the effect of limiting your rights as a consumer with respect to one or more of the laws of public order (including consumer protection laws) that may be applicable to you.
- Force Majeure: HOLIKA HOLIKA will not be responsible for non-performance, in whole or in part, of any of its obligations whatsoever toward you, or for damages or losses that you may suffer, if such non-performance, damages or losses result from an act of God or from circumstances beyond its control.
- Applicable Law and Territorial Jurisdiction: The Terms and Conditions shall be governed by the laws in effect in the province of Ontario, Canada, and any claims in conjunction with the Site, its Content or its use shall be governed by laws applicable in the province of Ontario, Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.
- Miscellaneous: The Terms and Conditions constitute the entire agreement between HOLIKA HOLIKA and you relating to the subjects covered herein. If provisions of the Terms and Conditions or their implementation are found to be invalid as regards any statue, regulation or law whatsoever, the aforementioned provisions shall be removed from the conditions for use and the remaining provisions in the Terms and Conditions shall not be affected.