Terms and Conditions

WEBSITE TERMS OF USE

1. USE OF THIS WEBSITE

www.journeys.ca (the “Website”) is owned and operated by GCO Canda, ULC. ( “GCO”, “we”, “us”, “our”), the owner of the Journeys brand. These website terms of use for the Website constitute a legal agreement and are entered into by and between you and GCO. The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the "Terms"), govern your access to and use of, including any content, functionality, and services offered on or through the Website.

By using this Website, you represent and warrant that you are at least 14 years of age. Those under the age of 14 are prohibited from using this Website. In addition, if you are aged 14 or older but under the age of majority in the jurisdiction in which you reside, your parent or guardian must use this Website on your behalf, or your use of the Website must be under their supervision. Throughout the Terms, any references to “you” or “your” refer to your parent or legal guardian if you are between the age of 14 and the age of majority in the jurisdiction in which you reside. If you do not meet all of these requirements, you must not access or use the Website.

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND THE TERMS AND CONDITIONS OF SALE, AND CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE JOURNEYS PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME AND ARE INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THE TERMS AND CONDITIONS OF SALE, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

2. PRIVACY

Our privacy practices are explained in our Privacy Policy, which also governs your visit to this Website. Your continued use of this Website implies that you acknowledge that you have read our Privacy Policy and consent to the collection, use, and disclosure of personal information as described therein, as same may be amended from time to time.

3. OTHER POLICIES AND AGREEMENTS

When you purchase products from GCO using the Website, your purchase is subject to the Terms and Conditions of Sale (provided below), which are incorporated into these Terms by reference.

4. YOUR ACCOUNT

The Website, including content or areas of the Website, may require the creation of an account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
GCO and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion for any or no reason, including any violation of any provision of these Terms.

5. PRODUCT INFORMATION

THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS. GCO and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by GCO. However, GCO does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.

PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

This Website includes content provided by third parties, including from third-party licensors. For example, product images or product descriptions. All statements and/or opinions expressed in any such third-party content, other than the content provided by GCO, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of GCO. The Company/Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

6. CONDITIONS OF USE AND USER REVIEWS

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms.

The following site content standards apply to any and all content submitted as part of a product review submitted to the Website (each a "User Review").

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Reviews shall not:

1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
    
2. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
    
3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in GCO’s sole discretion.
    
4. Involve, provide, or contribute any false, inaccurate, or misleading information.
    
5. Impersonate or attempt to impersonate GCO, a GCO employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    
6. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
    
7. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm GCO, the Journeys brand, or users of the Website or expose them to liability.
    
8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
    
9. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    
10. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
    
    

None of the User Reviews you submit to the Website will be subject to any confidentiality by GCO. By providing any User Reviews to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Review.

By submitting the User Reviews, you declare and warrant that you own or have the necessary rights to submit the User Reviews and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Reviews and comply with these Terms. You represent and warrant that all User Reviews comply with applicable laws and regulations and the standards set out in these Terms.

You understand and agree that you, not the GCO nor GCO subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Reviews you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Reviews submitted by you or any other user of the Website.

GCO has the right, without provision of notice to:

1. Remove or refuse to post on the Website any User Reviews for any or no reason in our sole discretion.
    
2. At all times, take such actions with respect to any User Reviews deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
    
3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
    
4. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.
   
   

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

7. PROMOTION TERMS AND CONDITIONS

The following terms and conditions apply to promotions offered by GCO or its partners:

Journeys Text Alerts: Terms and Conditions

1. To subscribe to Journeys Text Alerts, text JOIN to 20101. Journeys Text Alerts are SMS messages that notifies you of special offers, sales, and events. Your carrier's standard messaging rates apply to your entry or submission message, our confirmation, and all subsequent SMS correspondence. Message and Data Rates may apply.
    
2. By subscribing, you provide your opt-in consent to receive recurring autodialed marketing messages to the telephone number you used to send your text message. Msg frequency may vary. Consent is not a condition of purchase. Unsubscribe at any time from all services by sending STOP to 20101.
    
3. There is no fee to join the Journeys Text Alerts program or to receive messages, and participation is not conditioned on the purchase of any goods or services.
    
4. Unsubscribe at any time from all services by sending STOP to 20101.
    
5. For help or information on this program, send HELP to 20101. For additional assistance, contact customer service at 1-855-472-0435 or access support through our contact us page.
    
6. Downloading content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your wireless carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your wireless carrier. The wireless carriers are not liable for delayed or undelivered messages.
    
7. By subscribing, you represent that you are the owner or authorized user of the wireless device you use to subscribe for the service.
    
8. We, nor any wireless carriers, will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS text message services are provided on an AS IS, AS AVAILABLE basis.
    
9. Data obtained from you in connection with this SMS service may include your cell phone number, your wireless carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will administer your data in accordance with our Privacy Policy: https://www.journeys.ca/customer-service/privacy
    
10. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information.
     
11. The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
     
12. The service is available only in the United States and Canada.
     
13. We may suspend or terminate the service to you if we believe you are in breach of any of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.
     
14. If you have any questions, contact customer service at 1-855-472-0435. You can also text the word HELP or INFO to 20101 to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.
     
15. Journeys reserves the right, in its sole discretion, to modify these Terms and Conditions at any time with or without further notice. To the fullest extent permitted under applicable law, your continued participation in the program after modification constitutes your acceptance of these Terms as modified. We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the service, temporarily or permanently, at any time with or without notice.
     

8. EXCLUSION OF WARRANTIES

GCO makes no representation or warranty regarding the functionality, the good working order or condition of the Website, its suitability for use, or that its use will be uninterrupted or error-free. GCO does not represent, warrant or undertake that any errors on or relating to the Website will be corrected, or that any server from which the Website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED. GCO AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these Terms. Because certain federal or provincial laws do not permit the exclusion of certain warranties and conditions, these exclusions may not apply to you.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

UNDER NO CIRCUMSTANCE WILL GCO NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. Your sole and exclusive remedy is to discontinue using and accessing this Website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GCO, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your User Reviews, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

10. COPYRIGHTS AND TRADEMARKS

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by GCO, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Trademarks, logos and service marks (collectively, “Marks”) displayed on this Website are registered or unregistered Marks of GCO or others, are the property of their respective owners. Use of any such Marks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Nothing in this Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

Consequently, you may only use the Website for your personal and non-commercial use, and the material on the Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, or used to create derivative works, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of GCO.

Notwithstanding the foregoing, GCO authorizes you to make one electronic or paper copy of the information posted on any page of the Website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This authorization does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this Website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of GCO and its affiliates without express written consent of GCO. You may not use any meta tags or any other “hidden text” utilizing GCO’s name or trademarks without the express written consent of GCO. Any unauthorized use of this Website and/or its contents terminates the permission or authorization granted by GCO.

11. SECURITY AND CONFIDENTIALITY

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You acknowledge that information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary, except as may be required under applicable law or pursuant to GCO’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

12. ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. LINKS

Links and references to other websites are provided to you as a convenience only. GCO has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this Website, except if expressly permitted by GCO. To obtain permission, contact our Website administrator [email protected]

14. VIRUSES, ETC.

GCO does not represent or warrant that the information or material, including the downloadable software, accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

15. RESERVE OF RIGHTS

All rights not expressly granted in these terms are reserved to GCO. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of GCO or any other person or entity.

16. GOVERNING LAW

These Terms, this Website, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any dispute, difference, controversy or claim related to these Terms, the purchase of goods on the Website, your access to the Website or its use must be brought before a court of the Province of Alberta, and you irrevocably accept the exclusive competency of such court.

17. CHANGES TO TERMS / SEVERABILITY

GCO may modify, alter or otherwise update the Terms applicable to this Website from time to time. We will notify you of any such modifications to the Terms by posting notice of such changes on this Website. Following the posting of notice of such changes, your continued use of this Website will constitute your acceptance of these Terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

When we make material changes to these Terms, we will send to you, at least 30 days before the change comes into force, a written notice setting out: (i) what the change will be, (ii) what the relevant terms are at the time that the notice is sent, (iii) the date of the coming into force of the new terms, and (iv) a provision stating that you may refuse the new terms and cancel your Account without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the new terms come into force.

18. JURISDICTION

We provide this Website for use only by persons located in Canada. GCO makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

19. ENTIRE AGREEMENT

These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and GCO with respect to the use of this Website and any transaction conducted on or from this Website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by GCO making such amendments or modifications available to it pursuant to the terms hereof.

20. LANGUAGE PROVISION FOR QUEBEC CONSUMERS

You acknowledge having been provided by GCO with a French version of these Terms at no cost, and thereafter, you explicitly expressed your willingness to be bound by these Terms written exclusively in English. You and GCO have expressly required and mutually agree to be bound exclusively by the English version of these Terms. You and GCO further agree that all documents related to these Terms, including notices and other communications, be drafted exclusively in English.
Vous reconnaissez qu'une version française de ces Termes vous avez été remise sans aucun frais par GCO, et par la suite, vous avez expressément exprimé votre volonté d'être liée à ces Termes rédigées exclusivement en anglais. Vous et GCO ont expressément requis et conviennent mutuellement d'être liées exclusivement par la version anglaise de ces Termes. Vous et GCO conviennent également à ce que tous les documents se rattachant à ces Termes, incluant les avis et autres communications, soient rédigés exclusivement en anglais.

21. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

TERMS AND CONDITIONS OF SALE

This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from GCO, Inc. (“GCO”), the owner of the Journeys brand, using the www.littleburgundyshoes.com website (the “Website”). GCO reserves the right to change these terms and conditions of sale without prior written notice at any time, at GCO’s sole discretion.

The terms “you” and “your” refer to the purchaser of Products using the Website.

PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS WEBSITE TO MAKE ONLINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS OF SALE SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

AS FURTHER DISCUSSED IN SECTION 11 OF THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GCO DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS WEBSITE AND GCO’S LIABILITY IS LIMITED AS PROVIDED IN THAT SECTION.

1.CONSENT TO USE OF ELECTRONIC DOCUMENTS

You hereby consent to the exchange of information and documents between you and GCO over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by GCO as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such agreements or notices are provided to you, and that such communications be in writing.

2.OTHER DOCUMENTS, AGREEMENTS AND POLICIES

Your use of this Website is governed by separate Website Terms of Use and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement shall supersede and take precedence over the provisions of the Other Policies; in the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this Website. For example, if you participate in the All Access rewards program, your participation in such program will be governed by the All Access Terms and Conditions.

3.ORDER

Before submitting an order for the purchase of Products using this Website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. To the extent not deemed otherwise in virtue of applicable law, when you submit your order (by pressing the “Confirm” button), such order will constitute an offer from you to GCO to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on GCO until accepted by GCO. GCO’s acceptance of your order is evidenced by return e-mail from GCO indicating that your order has been accepted.

4.CANCELLATION

GCO reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, GCO will issue a full refund.

5.PRICE

All prices quoted are payable in Canadian Dollars. Although GCO strives to provide accurate product and pricing information, errors may occur. GCO reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. GCO cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, GCO may, at its sole discretion, refuse or cancel your order, whether before or after GCO’s acceptance thereof. If there is such an error in pricing, GCO will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.

6.PAYMENT TERMS

Terms of payment shall be determined at GCO’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by GCO. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

7.PRODUCT AVAILABILITY

The availability of certain Products may be limited, and Products may not be available for immediate delivery. GCO may revise or cease to make available any Products at any time without prior notice. In the event that GCO is unable to deliver you a Product ordered due to lack of availability, GCO will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that GCO may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS.

8.SHIPPING; TAXES

GCO will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address you provided, as indicated in the Order Confirmation. GCO WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN CANADA. Delivery times provided by GCO are estimates only. GCO shall not be responsible for any damages or costs resulting from any delays in delivery.

Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.

9.OWNERSHIP; RISK OF LOSS

All Product(s) purchased from GCO are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by GCO of the Product(s) to the third party delivery company.

10.RETURNS

All Product returns are subject to the Journeys Return Policy he terms of which are incorporated herein by reference. Some restrictions may apply.

11.EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GCO DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL GCO BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY GCO OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WEBSITE, EVEN IF GCO OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL GCO’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL GCO BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, GCO’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF GCO.

CERTAIN FEDERAL OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

For the purposes of this Section, “GCO” shall include GCO’s affiliates and GCO’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.

This Section shall survive the termination or expiry of this Agreement.

12.GOVERNING LAW AND JURISDICTION

This Agreement, this Website, any use of this Website and any transaction conducted on or from this Website shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any dispute, difference, controversy or claim related to these Terms, the purchase of Products on the Website, your access to the Website or its use must be brought before a court of the Province of Alberta, and you irrevocably accept the exclusive competency of such court.

13.EXPORT LAWS

You represent and warrant that you are buying products or services from the Website for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.

Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold GCO harmless against all claims, damages or liability resulting from breach of the foregoing.

14.HEADINGS

The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.

15.NO ASSIGNMENT

You may not assign your rights or obligations under this Agreement without the express written consent of GCO.

16.ENUREMENT

This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

17.SEVERABILITY

The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18.ENTIRE AGREEMENT

This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and GCO relating to the subject matter hereof, the use of this Website and any transactions conducted on or from this Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by GCO making such amendments or modifications available to it pursuant to this Agreement.

19.NO WAIVER

The failure of GCO to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of GCO to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

20.LANGUAGE PROVISION FOR QUEBEC CONSUMERS

You acknowledge having been provided by GCO with a French version of this Agreement at no cost, and thereafter, you explicitly expressed your willingness to be bound by this Agreement written exclusively in English. You and GCO have expressly required and mutually agree to be bound exclusively by the English version of this Agreement. You and GCO further agree that all documents related to these Terms, including the related Order Confirmation, notices and other communications, be drafted exclusively in English.
Vous reconnaissez qu'une version française de ce Contrat vous avez été remise sans aucun frais par GCO, et par la suite, vous avez expressément exprimé votre volonté d'être liée à ce Contrat rédigé exclusivement en anglais. Vous et GCO ont expressément requis et conviennent mutuellement d'être liées exclusivement par la version anglaise de ce Contrat. Vous et GCO conviennent également à ce que tous les documents se rattachant à ce Contrat, incluant le Confirmation de Commande, des avis et autres communications, soient rédigés exclusivement en anglais.

Last update: September 12, 2024