Terms and Conditions
1. Preliminary Notice
1.1 FreshLook is a Div. of D.S. Product Inc..
1.2 This contract is a binding agreement between the Website's user (also referenced to and defined as “the buyer”) and FreshLook
1.3 It is the user’s responsibility to read and understand the terms and conditions of this agreement before entering into the purchase process.
1.4 This agreement is binding over the user, and the user declares being contractually bound by this agreement.
2. Conditions of sale
2.1 To submit an order, the user must register for an account on ishopiwin.com (“Website”).
2.2 By submitting an order, the user is bound by this agreement on Terms and Conditions.
2.3 These Terms and Conditions and any document referenced herein form the entire agreement between the parties for the ordering and the purchase and sale of goods. The parties expressly exclude any other terms, including any terms and conditions which the buyer may purport to add to any order or other document. To the extent that any provision in buyer's order or other document purports to supplement, amend or delete any provision in these Terms and Conditions, such provisions shall be deemed to be void, excluded and are not binding on FreshLook.
2.4 Any variation of these Terms and Conditions by the buyer will only bind FreshLook if agreed in writing between authorized representatives of FreshLook and the buyer and further provided that such writing specifically references this section of these Terms and Conditions.
2.5 FreshLook employees are not authorized to make any representations, warranties or conditions concerning the goods sold on the Website unless confirmed by FreshLook in writing. The buyer acknowledges that it does not rely on representations concerning the goods which are not confirmed in this way.
2.6 FreshLook does retain the right, without prior notice, to refuse to deal with a customer and/or impose a limit on the requested quantity of an ordered item. At all times, it is the absolute right of FreshLook to complete a background check on the user/buyer identity and credit prior to accept to fulfill an order and the user/buyer hereby accepts that such an inquiry be performed.
3. Orders and acceptance
3.1 FreshLook has the sole discretion to determine the beginning, duration and end of the availability of a product. FreshLook may terminate the availability of a product at any time, in its sole discretion without any responsibility.
3.2 All orders are subject to acceptance by ISIW, evidenced as FreshLook issuing an order confirmation. The buyer's order constitutes an offer to purchase goods at the purchase price in accordance with these Terms and Conditions, and is not binding on FreshLook unless and until FreshLook has issued an Order Confirmation.
3.3 FreshLook reserves the right to reject the Buyer's Order in whole or in part without any liability of FreshLook toward the Buyer, with or without reason, as determined by FreshLook in its discretion, including if the Goods are unavailable due to unforeseen circumstances (including Orders exceeding reasonably anticipated demand), or are in imperfect or defective condition at the expected time of shipment.
3.4 ISIW may reject or cancel an Order for which an Order Confirmation has been issued for the following reasons:
3.4.1 The advertised price and/or Purchase Price on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by ISIW from any person, including the Buyer or for any other reason;
3.4.2 Orders received by ISIW for a particular Good exceed ISIW's reasonably anticipated demand;
3.4.3 The description of the Goods on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by FreshLook from any person or for any other reason. All content on the Website, including any descriptions, specifications, drawings or prices of the Goods, is published for guidance only. The Buyer acknowledges that such information is provided to FreshLook by third party manufacturers and that ISIW is not liable for mistakes in such information. FreshLook sole remedy in such event is to return the Goods in accordance with the return procedure set out below.
3.4.4 Under any other circumstances and reason as it may deemed to be so by FreshLook.
3.5 In the event of a rejection or cancellation as set out in Sections 3.3 or 3.4, FreshLook has no liability or obligation to the Buyer whatsoever, including any obligation to source an alternate supplier of the Goods, find a replacement Good, and/or pay any consideration to the Buyer.
3.6 FreshLook may convene minor modifications / substitutions in the design and specification of the Goods at any time without notice to the Buyer, even if an Order Confirmation has been issued. In the case of material modifications to the Goods, FreshLook shall notify the Buyer of such material modifications. The Buyer may accept or reject the Good as modified within 48 hours of the email being sent by FreshLook . If FreshLook has not received a response from the Buyer within this time period, ISIW will refund the Purchase Price as per the original payment method(s) and cancel the Order, even if an Order Confirmation has previously been issued.
4. Advertised price, payment, currency and shipping
4.1 The payment of the purchased items must be completed through a banking card (American Express, MasterCard or Visa) or Paypal.
4.2 FreshLook does not accept checks or money orders.
4.3 The buyer accepts to cover the total cost as well as additional fees as it may be deemed necessary of the purchased item, including taxes.
4.4 FreshLook can modify the price after having informed the Buyer.
4.5 The Buyer is the sole responsible of the actual payment of the purchased Goods.
4.6 FreshLook is not responsible for payment problems related to operation of e-commerce service and assume no responsibility whatsoever for any such direct or indirect problem.
5 Coupons – Terms and conditions
5.1 Unless otherwise stipulated, Coupons cannot be used together with one of our special offers, promotions or discounts.
5.2 Note that other restrictions may apply to the use of Coupons at FreshLook's sole discretion.
6 FreshLook Cash Commissions Program
6.1 This section refers to the terms and conditions governing your participation in the IshopIwin Cash Commission Program (“Program”).
6.2 FreshLook will dispense a cash commission payable in Canadian dollars to the person having made a referral and or a completed purchase.
6.3 To participate in the Program you must refer friends who are not current FreshLook subscribers and who have never purchased merchandise from the Website in the last 90 days.
6.4 To invite and sign up a friend you must send them your personal referral link, available on the Website or provided to you from FreshLook .
6.5 The person making the referral is defined as a "Referrer". As a Referrer, you must have a valid FreshLook account.
6.6 The "Referee" is the customer who has been referred. As a Referee, you must have a valid FreshLook account.
6.6.1 A referee can only be reserved by a single person at a given time until this reservation expires as per 6.6.2.
6.6.2 The referee stays the referrer's referee for 30 days if no purchase is made. Whenever the referee purchases, the referee stays the referrer's referee for 90 days after any purchase. Once the period ends, the referee become available again.
6.7 You must be of legal age to contract in your respective province, state or jurisdiction to qualify for membership in the commission program and you are solely responsible to verify such information. FreshLook encounter no obligation and responsibility to verify or otherwise confirm the law applicable to your jurisdiction.
6.8 You must have Internet access and a valid e-mail address to be eligible to receive the commission from the program. FreshLook is not responsible for your inability to connect to the internet or to log into the Website.
6.9 Members must be human: no machines, scripts, or automated services may be used to accumulate Commissions. Moreover, no organized system built in such a way as to bypass FreshLook regulation of the membership, to the sole discretion of FreshLook as the case may be, shall be tolerated nor accepted.
6.10 Each Member may maintain only one account in the Program. You may not maintain multiple accounts even if you have multiple e-mail addresses. Each registered FreshLook customers must have a unique e-mail address. Any duplicate accounts will be subject to cancellation, and any pending Promotion Cards rewards will be forfeited.
6.11 The amount of the commission is determined based on the net selling price of the Goods before applicable taxes and shipping fees.
6.12 The amount of the commission is identified on the web page on the cash commission field.
6.13 As a Referrer, every time one of your Referee purchases merchandise, you will receive a Commission based on the specific product and the purchase price of the item, before taxes and shipping fees.6.14 FreshLook will issue the commission payment within thirty (30) days from the date of delivery of the Goods.
6.15 FreshLook reserves the right to claim back the commissions if the sale is cancelled or changes are made to the sale amount or any other infringement.
6.16 Commission is governed under Canadian laws and regulations to be deemed as “additional income” and is taxable and is subject to applicable taxes and you are solely responsible to declare all revenues earned under the program to the fiscal authorities of your jurisdiction as the case may be, the whole without any responsibility on the part of FreshLook .
6.17 Program guidelines on endorsements and testimonials
6.17.1 Be honest and accurate. As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about FreshLook products in connection with any referrals. If you are unsure about the answer to a question about an FreshLook product in connection with your referral, refer that person to FreshLookShop.com or customer support.
6.17.2 You must disclose your relationship with FreshLook at the outset of any referral communication. This means you must disclose the fact that you are an FreshLook customer at the beginning of the conversation with any potential Referee. Be sure to clearly and conspicuously make this disclosure.
6.17.3 Disclose the fact that you may receive an FreshLook Commission for a successful referral. You must clearly and conspicuously disclose the fact that you the Referrer may receive a Commission for a successful referral.
6.17.4 By agreeing to these Program Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials ("Guidelines"). Failure to abide by these Guidelines can result in immediate termination of your Program membership and forfeiture of any and all Commissions.
6.18 You will be solely responsible to the full exclusion of FreshLook for any and all tax liability arising out of your accrual or redemption of Commissions.
6.19 FreshLook reserves the right to make changes to the present section without prior notification.
7.1 The place for delivery of the Goods will be set out on the Order Confirmation.
7.2 Any dates quoted for delivery of the Goods are estimates only. Time for delivery is always specified and FreshLook will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
7.3 In the event that the quantity of Goods delivered is less than the quantity of Goods as indicated on the accompanying invoice or bill of lading, the Buyer shall accept the Goods delivered, shall note the shortage on the carrier's bill of lading, if possible, and shall notify FreshLook of the shortage as set out in Section 7.5. For clarity, the Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an Order. The Buyer shall pay for such delivered Goods as if it was a delivery of an Order in installments (see Section 7.5).
7.4 If the Goods are alleged to be damaged on delivery, a description of the alleged damage or Fault must be given in writing to the carrier at the time of delivery, if the alleged damage or Fault is obvious upon receipt. The Buyer must always contact FreshLook to notify of any damage as set out Section 7.5.
7.5 The Buyer must notify FreshLook of any short delivery or Goods damaged in delivery, by email, within two days of delivery. If the Buyer fails to do so at this time, the Goods are deemed to be delivered in good condition and in the quantities set out on the invoice and/or bill of lading. In each case, the notification must include the packing slip number, Order Confirmation number, delivery note number and details of the claim (refer to shipping and return). In the case of a valid claim for damaged Goods, FreshLook may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Purchase Price (or an appropriate proportion of the Purchase Price) exclusive of import/export or customs duties, tariffs, charges and/or other charges, as per the Buyer's original method(s) of Purchase. Damaged Goods must be returned by contacting FreshLook and obtaining its written authorization number. In the case of a short shipment, other than a shipment that has been partially cancelled pursuant to Section 3.4, ISIW shall deliver the outstanding portion of the Order. In either case, FreshLook will thereafter have no further liability to the Buyer for the short shipment or damaged Goods.
7.6 ISIW will not accept returned merchandise on a collect basis and without a return authorization number
7.7 If the Buyer fails to take delivery of the Goods, ISIW may pursue any remedy legally available, including either or both of the following:
7.7.1 ISIW may store the Goods until actual delivery is effected and charge the Buyer for the cost (including insurance) of storage, together with any other reasonable incidental costs; and/or
7.7.2 Sell the Goods at the best price readily obtainable by ISIW and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Purchase Price.
7.8 The Buyer must advise FreshLook in advance, in writing, of any requested alteration, cancellation or deferral of delivery, which FreshLook may accept or reject at its discretion. FreshLook reserves the right to make a charge (which will not normally be less than 20% of the cost of the Good altered, deferred or cancelled).
7.9 Goods may not be returned to FreshLook except as provided in Sections 7 and 8 above.
8 Risk and property
8.1 All purchases completed on FreshLookShop.com are done so in accordance with the shipping contract.
8.2 The risk of losing an item and property rights associated with the item are transferred to you at the moment when we remit the item to the carrier.
9 Product returns
9.1 The buyer shall have the right to return Goods in the following conditions:
9.1.1 For any reason, within fourteen (14) days beginning on the day after the Buyer receives the Goods, provided that this 14-day return period does not apply to:
126.96.36.199 Goods that cannot be accepted for return due to hygienic reasons (such as, but not limited to, toiletries, cosmetics and beauty products, lingerie, undergarments, some leather goods, swimwear, earrings, duvets and pillows);
188.8.131.52 Goods that have been made to the Buyer's specifications or personalized;
184.108.40.206 Goods that have been assembled or installed by or on behalf of the Buyer, in whole or in part;
220.127.116.11 Goods that, by their nature cannot be returned, or are liable to deteriorate or expire rapidly; and
9.1.2 Within ten (10) days of delivery in the case of Faulty Goods (other than damage that is or should have been apparent upon delivery, which is subject to the two-day notification period set out in Section 7.5). Upon FreshLook's confirmation through its authorization written number that the Good is Faulty, FreshLook will refund the Purchase Price as per the original payment method(s). However, this does not apply to Goods with a minor fault or defect, as determined by FreshLook, that are capable of rectification, and are so rectified by FreshLook at FreshLook's cost. In the case of a minor fault or defect, FreshLook may rectify the fault or defect by repair and/or a partial refund (as a FreshLook account credit), as determined by FreshLook .
9.2 Notice of the Buyer's wish to return the Goods must be made in accordance with the notice provision in Section 11.2 below. The return package must be postmarked within the return periods noted above.
9.3 The Buyer must comply with the return procedure in Section 7 to obtain a IshopIwin account credit. Failure to comply with such procedure will result in the Goods being rejected and returned to the Buyer.
9.4 All Goods returned by the Buyer to FreshLook must be the original Goods as delivered to the Buyer, in their original, undamaged packaging and must be in an unused condition (except only in the case of Goods which have been discovered to be Faulty).
9.5 Under no circumstances will FreshLook accept any returned Goods, even if Faulty, that have been tampered with, modified or replaced or switched with counterfeit and/or different products, in whole or in part, as determined by FreshLook in its discretion. In such event, ISIW may reject the refund claim, retain the returned products, notify local law enforcement agencies in the Buyer's jurisdiction and/or pursue civil remedies against the Buyer.
9.6 In the event that any return does not comply with these Terms and Conditions, FreshLook reserves the right to refuse either all or some of the FreshLook account credit which would otherwise be due in respect of such returned Goods.
10 Procedure for defective and returned Goods
10.1 All returns must be made pursuant to the Returns Authorization procedure as indicated below.
10.2 The Buyer has to specifically contact customercare@FreshLook.com to relate with reasons the request for return and obtain an authorization number. FreshLook will contact the buyer within forty-eight (48) hours of the reception of such written request.
10.3 If the Goods are defective or has missing parts, the Buyer may be advised to contact the manufacturer that provides the specified warranty and guarantee for parts and services or otherwise FreshLook will contact the Buyer to provide him with the information.
10.4 If the Goods are not defective, the Buyer must cover the shipping fees and the inherent risks for a returned item. For these purposes, it is suggested and advisable that the Buyer maintains the tracking number from the transport company.
10.5 For Goods that are not defective, ISIW does not accept returns wherein the Goods have been removed from the package or when it shows evidence a wear, alteration or damage.
10.6 At all time, the authorization for return must be confirmed by ISIW. At any time, FreshLook reserves its right to charge a handling fee for goods returned.
10.7 Provided that the Buyer has complied with these Terms and Conditions with respect to any returned Goods, FreshLook shall issue a refund of the Purchase Price exclusive of any import/export or customs duties, tariffs, charges and/or other charges, subject to subsections 7.3 and 7.5 below). Refund shall be made by the issuance of a credit to the Buyer's FreshLook account, other than for returns of Goods damaged on delivery or Faulty, in which case FreshLook will refund the Purchase Price as per the original payment method(s). This provision of a FreshLook account credit is the Buyer's sole remedy for dissatisfaction with the Goods, including any claim that the Goods are Faulty or counterfeit. Allow ten (10) days from the time the merchandise is returned and verify by FreshLook to receive a credit.
10.8 In the case of cancellation under Section 9.1.1 above, the Buyer is responsible for the costs of freight, shipping and handling and insurance to return the Goods to FreshLook. If this is paid by FreshLook, FreshLook may deduct such amounts from any FreshLook account credit due to the Buyer (or to charge the Buyer, as the case may be).
10.9 In the case of cancellation under Section 9.1.2 above, FreshLook shall be responsible for freight, shipping and handling (including initial and re-delivery charges (if any)) in respect of the Goods, and shall refund the Purchase Price exclusive of any import/export or customs duties, tariffs, charges and/or other charges.
11 Legal Guarantees
11.1 The Civil Code of Quebec (L.Q. 1991, c. 64) and the Consumer Protection Act (L.R.Q., c. P-40.1) provides legal guarantees namely related to hidden defects as well as usage of sold Goods. These legal guarantees also apply to this sale.
This guarantee can in no way hinder, or suppress the legal guarantee provided by the manufacturer when there is one.
12 Limitation of liability
12.1 In no event will FreshLook or its affiliates, or any person or party involved in creating, producing or delivering this website, or on any site linked to this website, be liable in any manner whatsoever for any direct, incidental, consequential, (including lost profits, loss of business or data, business interruption, trading losses) indirect, special, exemplary or punitive damages arising out of or in an any way related to the website or any site linked to the website or your access, use or inability to use the website or any site linked to the website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. The above shall apply even if FreshLook or any third party has been advised of the possibility of such damages or losses.
12.2 Buyer agrees to save and hold FreshLook harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by Buyer or Buyer’s customers, agents, employees or invitees involving the use of the Goods supplied by FreshLook. This indemnification shall include all costs, attorney’s fees and other expenses paid or incurred by or imposed upon FreshLook in connection with the defence of any such claim.
12.3 This limitation of liability shall prevail over any conflicting or inconsistent provision contained in any provision of these Terms and Conditions.
13.1 Any notice given or made under these Terms and Conditions will be in writing and delivered pursuant to Section 14.2 below.
13.2 A notice will be deemed to have been duly given or made as follows:
13.2.1 If sent by personal delivery, including a nationally recognized courier (signature required upon receipt), upon delivery at the address of the receiving party;
13.2.2 If sent by mail, five clear business days after the date of posting; or
13.2.3 If sent by email, the first business day after mailing.
13.3 The foregoing time periods do not apply to emails sent by FreshLook pursuant to Section 3.6 above, which notices shall be deemed to have been received immediately upon delivery. A "business day" means a day, other than a Saturday or a Sunday, during which the main branch in downtown Montreal of the Bank of National is open for business during normal operating hours.
13.4 For the purpose of these Terms and Conditions, notices will be given to FreshLook at its address set out in Section 1, for the attention of the Company Secretary. Notices will be given to the Buyer at the address to which the Goods have been delivered.
13.5 FreshLook and the Buyer may notify each other of a change in their name, relevant addressee and address in accordance with this section. This notification will only be effective on:
13.5.1 The date specified as the date on which the change is to take place; or
13.5.2 If no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
14 Applicable laws
14.1 The present agreement related to the terms and conditions are governed and construed by Quebec's applicable laws and the federal laws of Canada.
14.2 The Buyer recognizes by these conditions that all litigation that might ensue from or be associated with using the services and websites of ISIW are governed by the jurisdiction of the courts of Montreal, province of Quebec.
15 Intellectual property
15.1 All content regardless of its nature, be it textual, illustrations, pictures, images, or video, that are displayed in the store (web site) are protected by copyright laws as well those laws associated with intellectual ownership and so, worldwide.
15.2 Nothing from ishopiwin.com can be reproduced, copied, distributed, translated, downloaded, displayed or transmitted by any means with prior written consent from ISIW or the owner of the copyright.
15.3 You are allowed to display or download elements from FreshLook, but only for non-commercial use and providing you do not modify the elements and that you retain all inherent notices of intellectual ownership contained therein. All unauthorized usage of said content may carry a civil suit and/or criminal prosecution.
16 End user
16.1 The Buyer acknowledges and confirms that all purchases are strictly for personal use and the Goods will not be resold to other persons in any ways directly or indirectly and for any reason whatsoever.
17.1 The Trademarks and logos used on the Website or displayed therein are either registered trademarks or not by FreshLook third party vendors. Nothing within the Site can be interpreted in a manner to allow the direct or indirect usage of a trademark displayed on the Website without prior written consent from the owner of said trademark.
18 Acts of God
18.1 FreshLook shall not be held liable for non-performance, in whole or in part, of any of its obligations whatsoever toward you, nor for damages or losses you may suffer, if such non-performance, damages or losses result from an Act of God or from circumstances beyond its control.
19.1 This agreement on Terms and conditions constitutes the entire understanding between the parties with respect to all of the matters herein and supersedes any declarations, representations, promises, agreement of any kind or conditions other than those herein inserted.
This agreement shall not be amended or modified except by way of written instrument signed by the parties hereto.
19.2 The headings and section titles in these Terms and conditions have been inserted for convenience of reference only and have no legal or contractual effect.
19.3 These Terms and conditions operate to the fullest extent permissible by law. If any provision of these Terms & conditions is unlawful, void or unenforceable, that provision is deemed severable from the Terms & conditions and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
19.4 The failure at any time of a party to insist on strict performance of any provisions of this agreement shall not limit the ability of that party to insist at any further time on strict performance of the same or any other provisions of theses terms and conditions unless made in writing and signed by the party against which the same is to be enforced.
20.2 The Buyer agrees that the terms of such policy are reasonable.
21.1 FreshLook and its affiliates reserve the right to send you communications electronically either via email or via site postings.
21.2 You agree that all notices, agreements, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
21.3 Should the user wish to stop receiving communications from FreshLook, he may opt out at any time by clicking on the opt out link inside any one of our emails.