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Terms and Conditions

Welcome to www.artvictus.com. The website www.artvictus.com and Fogg Threads Inc.collectively ArtVictus is governed by the terms and conditions on this page and elsewhere on this website. Please read through our terms and conditions for use of this website carefully before placing your order. By accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. 

Our Privacy Statement regarding personal information provided by you in also provided below. Please also read through this to be certain about the privacy of your information that you provide us.

We would recommend that even before placing an order, if you have any queries relating to these terms and conditions, please email us at - info@artvictus.com

These terms and conditions are subject to change from time to time and without notice. The changes conditions will be posted here, and will apply to all orders received once the changes have been posted.

 

Terms of Exchange or Return

As each ArtVictus shirt is custom manufactured for each of our customers, only faulty goods that have a manufacturing defect can be returned. Goods must be returned within 30 days of receipt for an exchange or refund.

 

Refund to Credit or Debit Card

Refunds will only be made to the original credit or debit card that you used to pay for your purchase.

 

Delivery Charges

Delivery charges and estimated time of delivery are specified in the 'Delivery' section on the site. The delivery time communicated to you is on a best effort basis. The actual delivery dates can depend upon time taken by Postal or Courier services like Canada Post, UPS, Fedex etc., and ArtVictus has no control over this time.

 

Cancelling an Order

You have the right to cancel an order that you have placed on our website. Please however bear in mind that ArtVictus produces custom manufactured products based upon your order. If the garment that you have ordered is already in production then a cancellation charge of 40% of the order value will apply.   

If you would like to cancel an order, please send us an e-mail at info@artvictus.com with all the product details, invoice number, date and cancellation instructions. We will revert to you in 2 business days about the state of production of your order, and whether any cancellation charges will apply.

Please note an order cannot be cancelled once the ordered goods have been delivered to you. This is on account of the fact that all our goods are produced to your custom measurements or specifications.

Once you have cancelled the order, you have a legal "duty of care" to take good care of the goods that have either already been delivered to you or were in transit to you from ArtVictus, at the time of the cancellation of your order. You must return the goods to us at your expense. We would advise that you use a recorded delivery service for small items and an insured courier service for larger items. Please mark all parcels clearly with your returns number.

We will send you this Returns number via email, when you email us your cancellation instruction. 

 

Color & Fabric Textures

We try and make every effort to display our fabric textures and colors as accurately as possible on our website. However, the actual colors that you see may depend upon your monitor and sometimes its color resolution. We cannot therefore guarantee that your monitor's display of our fabrics’ colors or textures will accurately reflect the color and texture of the products upon delivery. 

Our Custom Dress Shirt configurator presents fabrics as visualized from a distance of 3 meters (10 feet approximately). This may cause certain designs to look a little different on the configurator when compared to the fabric swatch.

 

Measurements

We make every effort to ensure that all our measurements on all our garments are as accurate as possible. However, all apparel is produced by humans and therefore all measurements that we display on our website tend to be approximate. Most measurements will have a tolerance of +/- 2.5 cm or +/- 1 inch.

 

Orders only accepted on the website

We do not accept any orders by phone or fax or postal mail. We only accept orders through our website’s e-commerce system. This is to ensure that all measurements are accurate and all details are filled out so that we can deliver a high quality and accurate custom made garment to you. 

 

Prices are subject to change

Prices are subject to change without notice. Taxes are extra on all our prices on the website, when sales are made to Canadian addresses. No taxes are however charged on sales to the US or other countries.

All prices mentioned on our website are before Provincial or territorial taxes and are valid at the time that you have placed your order. The total cost of your order will be the price of the products ordered plus HST (or the tax in your province in Canada) plus the delivery charge from third party postal or courier services, as applicable.

 

All products are subject to availability

When you place an order request on our website our system will automatically e-mail you an acknowledgement of the order received.

All goods are however subject to availability. There is a small time lag between the time when you place the order, and the time that we put the order into production. In some, albeit rare cases the stock position of our fabrics could change in this interim period leading to a stock out position on a garment that you have ordered and which we have accepted.

If your ordered product becomes out of stock in this manner; we will notify you by e-mail as soon as possible. You will be offered the option of choosing another garment that you could select from our website or a full refund.

 

Delays in Delivery

It is your responsibility to ensure all contact details including the delivery address are correct and that either you or a person nominated by you is available in person to accept and sign for the delivery of the goods when they are delivered to your address.

ArtVictus takes no responsibility for goods that fail to be delivered or fail to be signed for, on account of incorrect delivery address supplied by you at the time of placing your order. We are also not responsible for failure of delivery if the address provided by you is found closed or inaccessible, by the postal service or courier agency, at the time of delivery. 

ArtVictuswill choose established postal service or courier companies to ship your orders through. Once however the goods have been dispatched, we take no further responsibility for any late or lost deliveries.

 

Right to refuse an order

We reserve the right to refuse an order. Non-acceptance of any order may result from one of the following: the product ordered being unavailable from stock; our inability to obtain payment from your Credit card provider or Bank. Our refusal of an order can also happen on account of an error within our production information system. 

Should we need to refuse your order for any of the above or for any other reason, we will notify you by e-mail as soon as possible. You will be offered a full refund, for any order that you have already paid for, should we refuse your order.

We reserve the right to reject any orders at any time without assigning any reason.

 

Credit  & Debit Card acceptance

All credit card and debit card payments are subject to validation checks and authorization by your card issuer or your bank. If the issuer of your payment card refuses authorization of payment for your order, for any reason whatsoever, we will not be liable for any delay or non-execution of your order.

The payment charge is due at the time of ordering.

 

Security

We minimize any personal information that we store, and we take all reasonable care, in so far as in our power to keep the details of your order and payment secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party gets unauthorized access to any data that you have provided when accessing or ordering from our website.

 

Laws of Ontario, Canada

The laws of Ontario, Canada will govern any transactions on our website, and any disputes will be resolved exclusively in the courts of Ontario, Canada. 

 

Copyright

All rights, including copyright, in this website are owned by or licensed to Fogg Threads Inc. Any use of the site or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Fogg Threads Inc.

artvictus.com and Fogg Threads Inc. have taken every care in the preparation of the content of this website. To the extent permitted by applicable law, artvictus.com and Fogg Threads Inc. disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.

 

Limitation of Liability

artvictus.com or Fogg Threads Inc. will not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this website.

Certain (hypertext) links in this website will lead to other websites, which are not under the control of ArtVictus. Should you activate any of these hyperlinks you will leave the ArtVictus website, and ArtVictus will have no control over the websites that you visit. ArtVictus will not accept any responsibility or any liability whatsoever in respect of the materials on any other website.

ArtVictus shall not be liable for any loss or costs incurred by the customer on account of any late or lost deliveries by the postal service or courier company used by ArtVictus to ship the goods.

These disclaimers and exclusions shall be governed by and construed in accordance with Ontario Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms and Conditions are subject to change without notice.

 

Effective Date: March 1st, 2013
© 2013 www.artvictus.com
artvictus.com is operated by Fogg Threads Inc.