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Legal & Privacy

  1. General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Fitz Clothing Line., (hereinafter referred to as “FITZ CLOTHING LINE”, ”us ” or ”we”), through the FITZ CLOTHING LINE website, mobile website or mobile application or via telephone (jointly referred to as  ”fitzclothingline.com”).

By using fitzclothingline.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure that you have read and understood the Terms before placing your order. 

Only persons who are at least the age of majority, 18 or 19 years old depending on the province/territory, and who are not under guardianship, and are not acting in a capacity of a company and have a residential or other address in Canada may place an order.

The inclusion of products or services on fitzclothingline.com at any given time does not imply or guarantee that these products or services will be available. We reserve the right to discontinue any product at any time.

We reserve the right to amend these Terms from time to time without providing you with prior notice. The version of the Terms that will apply to your order will be those on fitzclothingline.com at the time you place your order.

FITZ CLOTHING LINE wants to provide the best possible online experience. To achieve this goal, we need to be sure that our services run like clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.   

  1. Prices and delivery charges

The prices displayed on fitzclothingline.com does not include Harmonized Sales Tax (HST), local retail sales tax or the delivery charge. The HST or local retail sales tax will depend on the place of delivery and will be calculated in the checkout prior to completing the purchase. 

The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. Our standard delivery fee is $7.99. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. Prices in-store and online may vary.

  1. Ordering/conclusion of contract

The ordering options available to you are fitzclothingline.com or by Telephone 1-(876)-399-2660

Once you have placed your order, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for your order, we will attempt to refund the applicable amount using the same method used to make the payment. Another payment method may be used for the refund, provided that you consent to such a change; in any case this will not generate any additional charges.

  1. Delivery

FITZ CLOTHING LINE exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order to your address accordance with your selected delivery option.

FITZ CLOTHING LINE endeavors to dispatch orders as quickly as possible and in the order in which they are placed. We aim to deliver within 3 to 5 working days following confirmation of an order, unless otherwise agreed. Please allow up to 5 additional days for rural/remote areas. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.

Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, you will receive an email confirmation with your expected delivery details if you have supplied us with your email address.

If your order does not arrive by the scheduled date, please contact FITZ CLOTHING LINE Customer Service via telephone at 1-(876) 399-2660 or via email.

  1. Withdrawal of Order

Once purchase is made it can not be canceled . Please note that you will bear the cost of the delivery as well as the cost to return the items to FITZ CLOTHING LINE.

If you wish to return your order, please use the pre-printed return form in your parcel, or via email fitzclothingline@gmail.com. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the faulty items. Another payment method may be used for the refund, provided that you consent to such a change; in any case this will not generate any additional charges.

If the item you have received is defective, please notify FITZ CLOTHING LINE promptly and return the item in accordance with section 6 (Returns) below. FITZ CLOTHING LINE will, for any products deemed defective, provide a full refund, including the costs of delivery and return. The provisions set forth herein do not limit any applicable statutory rights.

In the event of an error in connection with any products or services displayed through fitzclothingline.com (including typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability), FITZ CLOTHING LINE reserves the right to cancel any order prior to the time it is delivered to you.

  1. Returns

FITZ CLOTHING LINE guarantees a full refund of any returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.

All our parcels contain a pre-printed return form for you to use if you decide to return any items. You will find more detailed information regarding our return process on the delivery note and in our Returns and Refund Policy. 

  1. Payment methods

You can pay for your goods in various ways as set out below.   

Credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard). The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. FITZ CLOTHING LINE reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.

Paypal
When paying by PayPal, FITZ CLOTHING LINE reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. FITZ CLOTHING LINE reserves the right to deny any purchase.    

FITZ CLOTHING LINE gift cards
You can choose to pay for all or part of your online order you with FITZ CLOTHING LINE gift cards and FITZ CLOTHING LINE merchandise cards. Read more about FITZ CLOTHING LINE gift cards and how to combine them with other payment methods here.

You will receive the legally required invoice document attached in the Shipping Confirmation e-mail.

  1. Our Liability

Nothing in these Terms shall exclude or limit FITZ CLOTHING LINE's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.  FITZ CLOTHING LINE accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses that which are a reasonably foreseeable consequence of such breach.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITZ CLOTHING LINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, YOUR USE OR INABILITY TO USE OUR WEBSITE; THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO OR MESSAGES RECEIVED THROUGH OR FROM OUR WEBSITE; UNAUTHORISED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA SENT OR RECEIVED BETWEEN US; STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR WEBSITE; OR ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE.

OUR MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH YOUR ORDER ON FITZCLOTHINGLINE.COM SHALL BE LIMITED TO THE TOTAL PRICE OF YOUR ORDER.  

  1. Colours and measurements

We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.   

An item's measurements stated on fitzclothingline.com are only approximate values to give you a better understanding of the model or fit of that specific item. They are not a guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in production.

  1. Guarantee

If there are defects in the goods you have purchased, FITZ CLOTHING LINE abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.  

  1. Assignment

FITZ CLOTHING LINE reserves the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of goods.     

  1. Severance

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.  

  1. Ownership of rights

All intellectual property rights, such as trademarks and copyrights at fitzclothingline.com remain with FITZ CLOTHING LINE Hennes & Mauritz AB and its subsidiaries or licensors. Any use of fitzclothingline.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of FITZ CLOTHING LINE.  

PRIVACY NOTICE

Data privacy is very important for FITZ CLOTHING LINE, and we want to be open and transparent about our processing of your personal data. 

We therefore have a policy that establishes how your personal data will be processed and protected.

Where do we store your data?
The data that we collect from you is stored within the European Economic Area (“EEA”), but may also be transferred to and processed in a country outside of the EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws.

For transfers outside the EEA, FITZ CLOTHING LINE will use Standard Contractual Clauses and Privacy Shield as safeguards for countries without an adequacy decision from the European Commission.

Who has access to your data?
Your data may be shared within the FITZ CLOTHING LINE group (for details on the companies within the FITZ CLOTHING LINE group, please refer to our annual report which may be found at about.fitzclothingline.com). The local FITZ CLOTHING LINE company will only act as  the personal data processor and processes the personal data on behalf of the Swedish company.

We never pass on, sell or swap your data for marketing purposes to third parties outside the FITZ CLOTHING LINE group. Data that is forwarded to third parties, is only used to provide you with our services. You will find what categories of third parties under every specific process below.

What is the legal basis for processing personal data?
For every specific processing of personal data that we have collected from you, we will inform you whether the provision of personal data is statutory or required to enter a contract and whether it is an obligation to provide the personal data and possible consequences if you choose not to.

What are your rights? 
Right to access: 
You have the right to request information about the personal data we hold about you at any time. Contact FITZ CLOTHING LINE to receive your personal data via email.

Right to portability: 
Whenever FITZ CLOTHING LINE processes your personal data by automated means based on your consent or based on an agreement you have the right to get a copy of your data in a structured, commonly used and machine-readable format transferred to you or to another party. This only includes the personal data you have submitted to us.

Right to rectification: 
You have the right to request rectification of your personal data if it is incorrect, including the right to have incomplete personal data completed. 

If you have a FITZ CLOTHING LINE account or Club membership, you can edit your personal data under your account and membership pages

Right to erasure:
You have the right to erase any personal data processed by FITZ CLOTHING LINE at any time, except for the following situations:

*you have an ongoing matter with Customer Service
*you have an open order which has not yet been shipped or partially shipped
*you have an unsettled debt with FITZ CLOTHING LINE, regardless of the payment method
*you are suspected of misuse of or have misused our services within the past four years
*your debt has been sold to a third party within the last three years or one year for deceased customers
*your credit application has been rejected within the last three months
*you have made any purchase, whereby we will keep your personal data in connection with your transaction in accordance with bookkeeping rules

Your right to object to processing based on legitimate interests: 
You have the right to object to the processing of your personal data that is based on FITZ CLOTHING LINE:s's legitimate interests. FITZ CLOTHING LINE will not continue to process your personal data unless we can demonstrate a legitimate basis for the process which overrides your interests and rights or due to legal claims

Your right to object to direct marketing:
You have the right to object to direct marketing, including profiling analyses conducted for direct marketing purposes.

You can opt out of direct marketing by the following means:
* following the instructions in each marketing mails
* editing the settings of your FITZ CLOTHING LINE account

Right to restriction:
You have the right to request that FITZ CLOTHING LINE restricts the processing of your personal data under the following circumstances:

*if you object to the processing based on FITZ CLOTHING LINEs legitimate interests, FITZ CLOTHING LINE shall restrict all processing of such data pending the verification of the legitimate interests.
*if you claim that your personal data is incorrect, FITZ CLOTHING LINE must restrict all processing of such data pending the verification of the accuracy of the personal data.
*if the processing is unlawful, you can oppose the erasure of personal data and instead request the restriction of the use of your personal data.
*if FITZ CLOTHING LINE no longer needs the personal data but is required to keep it to defend legal claims.

How can you exercise your rights?
We take data protection very seriously and therefore we have dedicated customer service personnel who handle your requests in relation to your rights stated above. You can always reach them at dataprotection.ca@fitzclothingline.com.

Data Protection Officer:
We have appointed a Data Protection Officer to ensure that we continuously process your personal data in an open, accurate and legal manner. You can contact our Data Protection Officer at dataprotection.ca@fitzclothingline.com and write DPO as subject matter.

Right to complain to a Supervisory Authority: 
If you believe FITZ CLOTHING LINE has processed your personal data incorrectly, you can contact us. You also have the right to submit a complaint to a supervisory authority.

Updates to our Privacy Notice:
We may need to update our Privacy Notice. The latest version of the Privacy Notice is always available on our website. We will communicate any material changes to the Privacy Notice, for example the purpose of why we use your personal data, the identity of the Controller or your rights.

 

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