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TERMS & CONDITIONS

Welcome to the Shop Ruby Sky Website Terms and Conditions for use

These terms and conditions apply to the use of the shoprubysky.com website (“Website”). By accessing this Website and/or placing an order, you agree to be bound by these terms and conditions. Using this Website indicates that you accept these terms regardless of whether or not you choose to register or order from us.

We may revise the terms and conditions at any time, and your continued use of this Website following such changes shall signify your agreement to be bound by the modified terms. If you do not agree to any change to the terms and conditions, then you must immediately stop using the Website.

The shoprubysky.com website is operated by:

Ruby Sky Fashions, a company registered in Vancouver B.C. whose office is at 201 – 750 Denman Street, Vancouver B.C. V6G 2L5, Canada. (“Ruby Sky”)

The site is hosted by:

Big Cartel

Use of the Website

You will be able to access most areas of this Website without registering your details with us. However, if you are making a purchase, you will need to register.

When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately. We will not be held responsible for any errors in processing and shipping your order due to incorrect information.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password without your consent, you should contact us immediately.

We may suspend or cancel your registration immediately at our reasonable discretion if you breach any of your obligations under these terms and conditions.

If you are under 18, you must let your parent or guardian know about Ruby Sky's Privacy Policy and Terms & Conditions before you register to use this Website or any of its services.

Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order, the purchase contract will be made even if your payment has been processed previously, unless we have notified you that we do not accept your order or you have cancelled your order.

We may refuse to accept an order:

- where goods are not available;

- where we cannot obtain authorisation for your payment;

- if there has been a pricing or product description error; or

- if you do not meet any eligibility criteria set out in our terms and conditions.

You are required to read and abide by our shipping, ordering, returns and exchange policy located in the customer service, shipping and returns sections on each page.

You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website. We reserve the right to deny you access to this Website, or any part of this Website, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Website’s terms and conditions, we may deny you access to this Website on a temporary or permanent basis and any decision to do so is final.

Site availability

While we endeavour to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

No unauthorized copying or distribution

All copyright, designs, trademarks and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Ruby Sky or our licensors. Any reproduction or redistribution of the above listed content without the expressed permission and authorization by us or our licensors is prohibited and may result in civil and criminal penalties.

Representation of material

While Ruby Sky endeavours to ensure that the information on this Website is correct, we do not warrant the accuracy, reliability and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.

The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

Every care has been taken to ensure that the descriptions and pictures of clothing accurately represent our products. However, due to the limitations of the technology used to display the pictures of our clothing, minor variations between the on-screen images and the physical clothing may occur.

Release of Liability

Ruby Sky and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

We make no warranty that this Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.

Disclaimer

You agree to indemnify us fully, defend and hold Ruby Sky, and our officers, directors, employees and agents, licensors and suppliers harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Misuse of the Website, its products and services

The Website, products and services contained within the Website are for your personal, non-commercial use only and should not be modified, copied, distributed, sold or used for any commercial purpose.

You are prohibited from misusing the Website:

- By hacking or introducing anything which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and /or

- By posting or transmitting to or from this Website any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.

Such acts constitute criminal offences and are subject to a criminal investigation.

Links to and from the Website

We may include links on this Website to other websites or resources operated by parties other than Ruby Sky and links to our Website may be found on other third party sites, including advertisers. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

No Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Governing Law & Jurisdiction

These terms and conditions together with all our policies and procedures shall be governed by and construed in accordance with the laws of British Columbia. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the British Columbia courts.

Entire agreement

The terms and conditions (as amended from time to time) constitute the entire agreement between you and Ruby Sky regarding your use of this Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Ruby Sky in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of the terms and conditions.