Terms of service

Terms of Service

1. Overview

This website is operated by Gino & Julia. Throughout the website, the terms “we,” “us” and “our” refer to Gino & Julia.

Gino & Julia provides this website, including all information, features, products and services available through it, to you subject to your acceptance of these Terms of Service and the other policies referenced in them.

These Terms of Service apply to all visitors and users of the website, including customers, browsers and individuals who submit content or communicate with us.

By visiting ginoandjulia.com, creating an account, placing an order or otherwise using our website, you agree to be bound by these Terms of Service. If you do not agree, you should not use the website or purchase products through it.

Nothing in these Terms of Service excludes, restricts or replaces any right or remedy available to you under applicable Canadian federal, provincial or territorial consumer protection law.

2. Eligibility

By using this website, you confirm that you have reached the age of majority in your province or territory of residence or that you are using the website with the permission and supervision of a parent or legal guardian.

You may not use our website or products for an unlawful or unauthorised purpose. You must comply with all laws and regulations applicable to your use of the website.

3. Online Store Terms

We operate an online fashion store serving customers in Canada. Product availability, delivery coverage and purchasing options may vary by location.

You agree to provide current, complete and accurate information when placing an order or creating an account. This includes your name, billing address, shipping address, email address, telephone number and payment information.

You are responsible for reviewing your order information before submitting the order. Please contact us promptly if you notice an error.

4. Products and Product Information

We make reasonable efforts to present product descriptions, images, colours, sizes, measurements, materials and other details accurately.

Actual colours and appearance may vary depending on your screen, device settings, lighting conditions and manufacturing variations. Measurements may also vary slightly depending on the product and measuring method.

Product images may include styling items, backgrounds or accessories that are not included with the product unless expressly stated in the product description.

We may update product information, descriptions and availability when reasonably necessary. Changes will not limit rights relating to an order that has already been completed or accepted where prohibited by applicable law.

We do not guarantee that every product displayed on the website will remain available.

5. Prices, Currency and Taxes

Unless otherwise stated, prices displayed on the website are shown in Canadian dollars (CAD).

Applicable sales taxes will be calculated and displayed during checkout based on the order and delivery location.

Any shipping charges or other applicable charges will be disclosed before you submit your order.

We may update prices for future purchases without prior notice. A price change will not normally affect an order that has already been submitted and accepted.

If product or pricing information contains an error, we will address the matter in accordance with applicable consumer protection laws. Nothing in these Terms gives us a right to cancel a completed transaction solely because we later identify a pricing error where cancellation would be prohibited by law.

6. Orders

Submitting an order does not necessarily mean that the order has been accepted. After you place an order, you may receive an electronic confirmation acknowledging that we received it.

An order may be reviewed before it is accepted and processed. Before acceptance, we may decline an order for legitimate reasons, including:

The product is unavailable;
The payment cannot be authorised;
The billing or shipping information cannot be verified;
We reasonably suspect fraud, misuse or unauthorised activity;
The order violates purchasing limits or these Terms of Service; or
We are legally prohibited from completing the transaction.

If payment has already been collected for an order that we are legally permitted to decline, the relevant amount will be refunded to the original payment method.

We may limit quantities purchased per person, household, account, payment method or order where reasonably necessary to prevent fraud, unauthorised resale or misuse.

We reserve the right to refuse orders that reasonably appear to have been placed by dealers, resellers or distributors without prior written authorisation.

7. Order Changes and Cancellations

If you need to change or cancel an order, contact us as soon as possible at info@ginoandjulia.com.

We may be unable to change or cancel an order after it has entered processing or has been dispatched. If an order has already been dispatched, you may request a return after delivery in accordance with our Return and Refund Policy.

These procedures do not restrict any cancellation right available under applicable consumer protection law, including rights that may apply to distance contracts or delayed delivery.

8. Payment

Available payment methods will be displayed during checkout.

By submitting payment information, you confirm that:

The information provided is accurate and complete;
You are authorised to use the selected payment method;
The payment provider may process the applicable charges; and
You will pay all charges associated with the order, including applicable taxes and disclosed delivery charges.

Payments are processed by third-party payment providers. We do not normally receive or store complete payment card numbers.

Your payment provider may apply separate terms, security checks, processing periods or currency-conversion charges. Gino & Julia is not responsible for fees independently imposed by your bank or payment provider.

9. Shipping and Delivery

Orders are shipped in accordance with our Shipping Policy. Available shipping methods, charges and estimated delivery periods will be shown on the website or during checkout where applicable.

Delivery periods are estimates unless a specific legally binding delivery commitment is expressly stated. Delivery may be affected by carrier delays, weather, public holidays, customs processes, address errors or circumstances outside our reasonable control.

You are responsible for providing a complete and accurate delivery address. Additional costs resulting from an incorrect or incomplete address may be charged where permitted by law.

If an order is returned to us because it was refused, unclaimed or sent to an incorrect address supplied by the customer, please contact us. Any refund or reshipment will be handled according to the circumstances and applicable law.

Nothing in this section restricts any legal right to cancel an order or obtain a remedy because of delayed or failed delivery.

10. Returns, Refunds and Exchanges

Returns and refunds are governed by our Return and Refund Policy, which forms part of these Terms of Service.

Eligible products may generally be returned within 30 calendar days of delivery, subject to the conditions stated in that policy.

Gino & Julia does not charge a restocking fee for returns accepted under the Return and Refund Policy.

Our voluntary return policy does not replace any statutory rights relating to damaged, defective, incorrectly supplied or misrepresented products.

11. Promotions and Discount Codes

Promotions, discounts and coupon codes may be subject to additional conditions stated at the time of the offer.

Unless otherwise stated:

Discount codes cannot be exchanged for cash;
Only one discount code may be used per order;
Discounts may not apply to taxes, shipping charges, gift cards or excluded products;
Promotions are available only during the stated promotional period; and
Promotions cannot normally be applied retroactively to completed purchases.

We may refuse or withdraw a promotion where it has been used fraudulently, unlawfully or contrary to its stated conditions. Any correction or withdrawal will remain subject to applicable consumer protection law.

12. Customer Accounts

You may be able to create a customer account through the website.

You are responsible for:

Providing accurate account information;
Keeping your password and login details confidential;
Restricting unauthorised access to your device and account; and
Notifying us promptly if you suspect unauthorised account activity.

We may suspend or restrict an account where we reasonably believe it is being used fraudulently, unlawfully or in violation of these Terms.

13. Acceptable Use

You must not use the website:

For any unlawful, fraudulent or misleading activity;
To violate intellectual property, privacy or other legal rights;
To submit false, deceptive or inaccurate information;
To transmit malware, viruses or other harmful code;
To interfere with the website’s operation, security or availability;
To collect or track another person’s personal information without authority;
To send spam, phishing messages or unauthorised solicitations;
To attempt to gain unauthorised access to an account, system or network;
To scrape, copy or extract website content through automated means without permission; or
To bypass or interfere with security or access-control features.

We may restrict or terminate access where we reasonably determine that a user has materially violated these Terms or poses a security, legal or operational risk.

14. Intellectual Property

Unless otherwise stated, the website and its content are owned by or licensed to Gino & Julia and are protected by applicable intellectual property laws.

This content may include:

Brand names and logos;
Product photographs and graphics;
Website design and layout;
Product descriptions and written content;
Videos and other media;
Software and website code; and
Other original materials.

You may access and use the website for personal, non-commercial shopping purposes.

You may not reproduce, distribute, sell, modify, publish, display, create derivative works from or commercially exploit our content without prior written permission, except where permitted by law.

15. Reviews and User Content

If you submit a review, comment, photograph, suggestion or other content, you confirm that:

You own the content or have permission to submit it;
The content is accurate and reflects your genuine experience where applicable;
The content does not violate another person’s rights;
The content is not unlawful, defamatory, threatening or discriminatory;
The content does not contain malicious code or misleading commercial material; and
Your submission complies with applicable law.

You grant Gino & Julia a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, translate and display submitted content for operating, promoting and improving our business and services, subject to our Privacy Policy and applicable law.

We may remove or decline to publish content that violates these Terms, but we are not required to monitor every submission.

We will not create or publish a review that falsely represents a customer’s experience.

16. Third-Party Services and Links

Our website may use or contain links to services operated by third parties, including payment providers, shipping carriers, social media platforms and analytics providers.

Third-party services may be governed by their own terms and privacy policies. We are not responsible for the independent content, availability, security or practices of third-party websites and services.

The inclusion of a third-party link does not necessarily represent an endorsement of that third party.

17. Optional Tools

We may provide access to optional features or tools supplied by third parties.

Your use of an optional third-party tool is voluntary and may be governed by the provider’s terms. To the extent permitted by law, we are not responsible for the independent operation of third-party tools.

18. Privacy

Our collection, use, disclosure, retention and protection of personal information are governed by our Privacy Policy.

By using the website, you acknowledge that personal information may be processed as described in that policy, subject to applicable consent requirements and privacy laws.

19. Electronic Communications

When you place an order, create an account or contact us electronically, you agree that we may send transactional and service-related communications necessary to manage your request or purchase.

These communications may include:

Order confirmations;
Payment notices;
Shipping and tracking updates;
Return and refund communications;
Account and security notifications; and
Responses to customer service requests.

Marketing communications will be sent only where permitted by applicable law. You may unsubscribe from promotional emails using the unsubscribe link provided in the message.

20. Errors and Website Availability

Information on the website may occasionally contain typographical, technical or administrative errors relating to product descriptions, availability, promotions, shipping charges or other details.

We may correct website information and update content for future transactions. Existing orders will be handled in accordance with the information presented at the time of purchase and applicable law.

We do not guarantee that the website will always be uninterrupted, secure or free from technical errors. We may temporarily suspend or restrict access for maintenance, security or operational reasons.

21. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website is provided on an “as available” basis.

We do not guarantee that:

The website will always be available without interruption;
Every technical error will be corrected immediately;
The website will be compatible with every device or browser; or
Third-party services will remain continuously available.

This disclaimer does not exclude any legal warranty, condition, representation or remedy that cannot lawfully be excluded, including applicable statutory warranties concerning goods purchased by consumers.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Gino & Julia will not be liable for indirect, incidental, special or consequential losses arising solely from the use or inability to use the website.

Nothing in these Terms excludes or limits liability:

For fraud or intentional misconduct;
For gross fault where liability cannot legally be excluded;
For bodily or moral injury where exclusion is prohibited;
For breach of a mandatory statutory warranty;
For liability arising from our own acts or those of our representatives where it cannot legally be excluded; or
Where another exclusion or limitation is prohibited by applicable law.

Any limitation in these Terms applies only to the extent that it is valid and enforceable in your province or territory.

23. Indemnification

To the extent permitted by law, you agree to be responsible for losses or claims resulting directly from your unlawful use of the website, your material breach of these Terms or your infringement of another person’s rights.

This section does not require a consumer to indemnify Gino & Julia for our own negligence, fault, legal obligations or conduct for which liability cannot lawfully be transferred.

24. Termination

You may stop using the website at any time.

We may suspend or terminate access if you materially violate these Terms, engage in fraudulent or unlawful conduct or create a genuine security risk.

Termination will not affect rights, payment obligations or remedies that arose before termination. Provisions that reasonably need to continue after termination will remain effective.

25. Governing Law

These Terms of Service are governed by the laws applicable in the Province of Quebec and the federal laws of Canada applicable there.

Any dispute will be addressed by a court or tribunal with jurisdiction under applicable law.

Nothing in this section prevents a consumer from relying on mandatory protections or bringing a proceeding in a jurisdiction available under applicable consumer protection law.

26. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary. The remaining provisions will continue in effect.

27. No Waiver

If we do not immediately enforce a provision of these Terms, this does not mean that we waive the provision or our right to enforce it later.

28. Entire Agreement

These Terms of Service, together with our Privacy Policy, Shipping Policy, Return and Refund Policy, Payment Policy and any other policies or notices posted on the website, form the agreement between you and Gino & Julia concerning your use of the website and purchases made through it.

If a product page, checkout notice or promotion contains specific terms that conflict with these general Terms, the more specific terms will apply to that transaction, subject to applicable law.

29. Changes to These Terms

We may update these Terms of Service to reflect changes to our website, business practices or legal obligations.

The current version will be posted on this page with the updated revision date. Changes will apply prospectively from the date they are published unless applicable law requires otherwise.

Material changes will not retroactively reduce rights relating to an order already completed unless the change is required by law or accepted by the affected customer.