Terms & Conditions
May 1, 2017
Please read carefully the General Conditions of Sale and the General Conditions of Use of the CREATIVE COLLECTION website.
The purchase of any products offered on www.creativecollection.ca website is subject to these Terms and Conditions ("Terms and Conditions of Sale").
CREATIVE COLLECTION may update these Terms and Conditions of Sale at any time without prior notice. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled "customer service".
For each order on creativecollection.ca website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.
1. Purchase - Terms of ordering
The delivery zone for Creative Collection products ordered via the creativecollection.ca website is restricted to Canada and the United States.
For each product selected on the creativecollection.ca website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to CREATIVE COLLECTION for processing (see "Acceptance of orders"). While every effort is taken to try to ensure that the coloring, design and style of the CREATIVE COLLECTION products in the photographs displayed on the creativecollection.ca website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. CREATIVE COLLECTION reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, CREATIVE COLLECTION shall not be liable for any error or inaccuracy in the photographs or graphical representations of CREATIVE COLLECTION products displayed on the creativecollection.ca website. If you have any questions about the products, you may contact our Customer Service by clicking on the hyperlink labeled "customer service".
CREATIVE COLLECTION reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if CREATIVE COLLECTION has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.
2. Purchase – Availability
Our offers of products are valid as they are displayed on the creativecollection.ca website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the creativecollection.ca website in substitution or to cancel your order.
If you choose to cancel your order, you will be refunded if your bank account has been debited.
CREATIVE COLLECTION shall not be liable in case of stock outage or unavailability of products.
CREATIVE COLLECTION reserves the right to change at any time and without notice the items proposed on the CREATIVE COLLECTION website.
3. Purchase - Order Confirmation
At the end of the ordering procedure, you are invited to click on the "Pay" button, at which time your order will be transmitted to CREATIVE COLLECTION for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary.
4. Purchase - Price and Payment
The prices of Creative Collection products are indicated in Canadian dollars, excluding taxes and shipping costs (see "Shipping and Delivery").
You are required to pay for any order placed on the creativecollection.ca website immediately upon confirmation of your order. We only accept payment by credit card.
Your credit card will only be debited when your order is dispatched.
5. Shipping and Delivery
Goods purchased via the creativecollection.ca website may only be delivered within Canada and the United States.
The shipping charges for each package (including multiple items) are:
Canada - $12
US - $15
Allow between three and seven working days between the date of your order and your date of delivery.
6. Delivery Time - Problems of delivery
Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our Customer Service as soon as possible. In order for your claim to be accepted, please notify us within ten (10) business days from the date of confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".
7. Returns - Exchanges – Refunds
If the product you ordered does not reflect the image and description in the catalogue, you may return the product ordered on the creativecollection.ca website for exchange or refund within fifteen (15) calendar days from the delivery date. Beyond 15 calendar days, regardless of cause, no return or claim for reimbursement will be honoured.
Returned products must be in their original condition and packaging together with their purchase invoice or a copy in the case of a partial return.
If you received an item as a gift from creativecollection.ca, you may exchange it for another item of equal or greater value (the difference in price must be paid by you, the recipient of the gift). Please contact our Customer Service Department who will send you the pre-paid label by email.
If you exchange goods, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery. Only one exchange per item will be honored.
If you ask for a refund, CREATIVE COLLECTION will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods returned by crediting your charge or credit card. The shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.), if you did not use the pre-paid return labels system.
CREATIVE COLLECTION has sole discretion in determining whether the products are in original condition when returned to creativecollection.ca website.
8. Intellectual Property Rights Held by Creative Collection
CREATIVE COLLECTION remains the owner of the creations relating to the Products.
The present terms and conditions of sale do not grant to the Client or any other person any entitlements of any kind to the intellectual property rights held by CREATIVE COLLECTION.
These intellectual property rights prohibit, inter alias, the affixing of the CREATIVE COLLECTION trademark and/or its logo, or the insertion of photos of the Products or their packaging in any material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from CREATIVE COLLECTION. The Client agrees to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the Products or derivative products within the meaning of federal and state intellectual property laws and regulations.
9. Governing Law and Jurisdiction
The application or interpretation of the present terms and conditions of sale shall be governed by the internal laws of the Province of Ontario.
10. Disclaimer of Warranty
CREATIVE COLLECTION does not guarantee or represent that:
- the creativecollection.ca website is free from viruses, worms, trojan horses or other destructive material;
- the information contained on the creativecollection.ca website is accurate, complete or up to date.
The creativecollection.ca website may contain technical inaccuracies or other defects; CREATIVE COLLECTION does not guarantee that any such defects will be corrected. The creativecollection.ca website and its contents are provided on an "as is" and "as available" basis. CREATIVE COLLECTION expressly disclaims all warranties of any kind, whether express or implied.
CREATIVE COLLECTION shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the creativecollection.cawebsite, even if CREATIVE COLLECTION has been advised of the possibility of such damages.
12. Intellectual Property
All material on the creativecollection.ca website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of CREATIVE COLLECTION and its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the creativecollection.ca website.
You may not remove any copyright, trademark or other proprietary notice contained on the creativecollection.ca website or any content contained therein. You may make a single copy of web pages published on the creativecollection.ca website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.