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Terms of Service

These terms are a legal agreement between Lurepa Inc. ("we" or "us") and you as the user. Please read all the terms before indicating acceptance. These terms apply to our online shopping cart platform, and any updates or new features that we may introduce from time to time. If new terms accompany any of those updates or new features, then those terms will apply. By using our online shopping cart platform, you accept these terms. If you do not accept them, do not use our site. You are bound by these terms even if you do not read all the terms. 

1. Definitions:

a. "Customer" means a User purchasing products through the Site;

b. "Personal Data" means all personal information about an identifiable individual (but excluding business contact information);

c. "Site" means our online shopping cart platform listing products for sale, and any articles, news items, blog posts or other information that we may supply on our site. The term "Site" specifically includes any new features and tools that we may introduce from time to time under these terms, together with any content that we have uploaded or input. 

d. "User Content" means comments, feedback, ratings, reviews, or other content that Users can create while using the Site (as may be permitted by the Site);

e. "Users", "you" and "your" refer to any Users of the Site.

2. Your Access: Some areas of our Site are accessible without an account.  If you access areas of the Site without an account, you are still bound by these terms.  For Customers to access certain functionality or features of the Site, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account. If you checkout as a guest User, you are still bound by these terms, but you may not have access to all functionality or features.

By agreeing to these terms, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

3. Purchase of Products: As a Customer, you agree to pay the total price as detailed in the applicable payment page or the invoice issued through the Site. You will not be charged for any purchase unless you have agreed to the payment terms in the checkout page.  The total price will include shipping and tax, all as identified on the checkout page, and you agree to pay the total amount displayed. 

The products sold through this Site may or may not be covered by government-funded health insurance or your commercial insurance plan, but if you decide to purchase any products from this Site then you will be personally and fully responsible for payment, regardless of whether medical or government-funded health insurance will reimburse you or cover all or some of the cost.

Product listings and advertisements on the Site are invitations to you to make offers to purchase products and are not offers to sell.  You may receive an email at or shortly after the time of purchase, but this is not a notification of acceptance and only serves to confirm that we have received the order request.  If the order is accepted, a confirmation email is then sent to the Customer and upon receipt of payment, the product is shipped. All orders must be paid in full prior to shipment.

If your order is not accepted, in whole or in part, you will be notified, and any paid amounts will be refunded for the order (or part of the order) not accepted through the Site.  After the purchase order date, we may reject an order for any reason, including without limitation for a misprint in the price offer or advertisement, product shortage, product discontinuance, a lack of sufficient delivery information from the Customer, or shipping restrictions to certain locations or destinations. We reserve the right to refuse any order you place with us.

4. Customs, Duties, Taxes: Provincial and federal sales taxes are applied during checkout. You are responsible for payment of any import taxes, sales tax, value added tax, and customs duties that may be levied by any government authority, and any disbursement fees, or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, "Duties, Taxes and Fees").The estimated Duties, Taxes and Fees ("Estimate") may be more or less than the final actual amount of Duties, Taxes and Fees due and payable.

5. Product Depictions & Changes:  Products available through the Site are dependent upon inventory levels, so please be aware that inventory levels may change, products may change or be discontinued.  We make every effort to display the colours, materials and styles of products as accurately as possible, but the actual items may appear or seem slightly different than how they appear on our Site, depending on the photos supplied to us, the information we receive from our suppliers, the browser you use, or the quality of your screen.

6. Refunds & Returns: Our Refunds & Returns Policy applies to refunds and returns of all purchases through our Site. By agreeing to these terms, you agree to that policy, which is incorporated by reference.  Please read that policy carefully. 

7. Shipping & Delivery: Our Shipping & Delivery Policy applies to shipping and delivery of all purchases through our Site. By agreeing to these terms, you agree to that policy, which is incorporated by reference.  Please read that policy carefully.  Our Site will estimate shipment fees and dates but we are not liable for any shipping costs, or delivery delays, including delays beyond the reasonable control of us or our order-fulfillment providers. 

8. Product Warranty: We provide a product warranty for Lurepa-branded products that we design, test and manufacture. If the product does not meet your expectations within the first 30 days, please contact us at admin@lurepaapparel.com with an order confirmation or invoice number, and a picture of the product in question, and we will make a decision on the eligibility for how the warranty applies.

A separate warranty may be provided with the product, or we may make a copy of the product warranty available on our Site. If so, that separate warranty will apply. 

The warranty starts from the date of purchase. 

We also may sell products manufactured by third-party suppliers, and for those products, all warranty claims must be made to the third-party manufacturer, subject to their warranty terms. Other than passing through the written manufacturer's warranty included with the product, we do not warrant third-party products sold through this Site. 

9. Privacy. Our personal information handling practices are governed by our Privacy Policy. By agreeing to the terms of these terms, you agree to be bound by our Privacy Policy. Please read that policy carefully.  

10. IMPORTANT INFORMATION ABOUT OUR PRODUCTS:  

We strive to make adaptive apparel that is comfortable and functional, but you should be aware that many hospitals, clinics, hospices, care homes, and other health care providers have individual policies or practices for medical apparel or patient-supplied garments. We cannot guarantee that our products will be acceptable or approved by your healthcare provider.  As the Customer, you have the responsibility to inform yourself about the various policies and government health regulations for the hospital, clinic, hospice, care home, or other health care provider applicable to your situation, and the rules, regulations and restrictions concerning your use of the products that you purchase through our Site, and you assume and accept all associated consequences.  

WARNING: Some of our products are toys or novelty items that may contain small parts. They are not for children under 5 years. Small toys or parts can be a choking hazard to children under age 5. Choose toys that are age-appropriate and meet your child's skill level and interest. The use of toys may require adult supervision. Toys that are intended for older children should be kept away from younger children. 

You agree to release, waive, defend, indemnify, and hold us and our directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable legal fees, relating to or arising from:

(a) your purchase or use of any products purchased through our Site;

(b) any violation by you of these terms or any applicable policies; or

(c) violation by you of another party’s rights, or applicable laws, rules, policies or regulations.

11. Termination Rights:  

a. By Us:  In the event you breach these terms, or any other applicable policies, we may suspend or terminate your account and your access to the Site. We may suspend or terminate your account in the event the account is inactive and abandoned by you for a year.

b. By You:  You may terminate your account and cease use of the Site at any time. 

c. Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. You are responsible for backing-up or saving the contents of your account (if any), prior to the termination of your account. After termination, we reserve the right to delete or keep any content in your account Site for archive purposes. We will only retain Personal Data in accordance with these terms and our Privacy Policy.

12. User Content: The Site may allow you to input certain User Content as part of your use of the Site. By entering into these terms, you consent to us publishing (and if determined by us, editing or removing) any User Content that you input or submit to us. We have the right to display User Content and reserve the right to remove or correct User Content if we receive notice of corrections, or if any such content contravenes our acceptable use standards.

13. Intellectual Property Rights: You agree that the Site and software, trademarks, intellectual property rights, content and layout of our Site, including any product information, product designs, images, or other content such as articles, news items, blog posts, or other information that we may supply on our Site, are owned by us or our licensors, and you will not contest or challenge such ownership. Other company names and logos displayed on our sites may be trademarks of their respective owners. 

14. General Disclaimers: Aside from the specific written warranty that may accompany our products (if any), we disclaim all express or implied warranties or conditions regarding any product sold through our Site. You must take steps to verify the suitability and safety of any products sold through our Site for your specific situation.

Many factors influence health outcomes. We cannot make any guarantee, warranty or promise about your health condition, speed of recovery, or improvement in health outcomes from the purchase and use of our products. None of the information on this Site is a substitute for the advice and care of medical professionals.

While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Site.  We expressly disclaim any and all liability in connection with our Site.  Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Site, in terms of their correctness, accuracy, reliability, or otherwise. The content in the Site could include technical inaccuracies or typographical errors.  

15. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, HARM, PERSONAL INJURY OR INFECTION RISKS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR PRODUCTS SOLD THROUGH THIS SITE, OR THE USER CONTENT AVAILABLE ON THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF $50, OR THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE DAMAGES OR CLAIM, WHICHEVER AMOUNT IS LESSER.  

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16. Jurisdiction & Applicable Law:  This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under these terms, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

17. Downtime: The Site may experience temporary downtime as we perform routine maintenance or updates.

18. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site. 

19. Changes: Changes to these terms may be made from time to time by us, and the modified form of the agreement will take effect after posting on our Site.  Continued use of the Site after the effective date will indicate your acceptance of the amended terms.  No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment.  To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Site, in whole or in part, at our sole discretion, at any time, without notice. 

20. Survival:  All terms which require performance by the parties after the expiry or termination of these terms, will remain in force despite this agreement's expiry or termination for any reason.  The following terms shall survive the termination of this agreement: Sections 10, 11, 13, 14, 15, 16.

21. Miscellaneous: You may not assign or transfer the rights granted to you under these terms without our prior written consent.  We may assign this agreement to a third-party upon written notice to you. These terms constitute the entire agreement between us and you with respect to your use of the Site and the purchase of any products. Any failure by us to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. If any of these terms and conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions.  The parties have required that this agreement and all related documents be drawn up in English. Les parties reconnaissent par les présentes que chacune d'elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais. These terms may be agreed to by electronic acceptance.

22. Contact: Questions about these Terms of Service should be sent to us at: admin@lurepaapparel.com  

END OF TERMS

[04/2023]