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Terms & Conditions

Young W - Last updated: June 1, 2022

Please read these Terms and Conditions carefully before using our Services.

Using our Services

These Terms and Conditions apply to all of Young W’s (“YW”) Services:

  • its Websites (https://www.youngw.ca, https://www.folliness.com, https://www.folliness.ca) and any Goods, content or services offered on it
  • its events hosted digitally or in-person.

These are the Terms and Conditions governing the use of our Services and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all Visitors regarding the use of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Visitors, customers, users, readers and others (“Visitors”) who access or use the Services. By accessing or using the Services you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Services.

 

Privacy and Cookies

Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy Policy and Cookie Policy of the Company.

Our Privacy Policy outlines which information we collect about you when you use our Services, how we use that information and our legal basis for doing so. It also covers whether and how that information may be shared, how long we retain that information, what your rights and choices are regarding the information you provide to us and how the law protects you.

Our Cookie Policy explains what Cookies are and how we use them. You should read this policy carefully so you can understand what type of Cookies we use, what information we collect using Cookies, how that information is used and how to control your statistics Cookie preferences.

YW operates according to the following privacy commitments:

  • We are thoughtful about the Personal Data we collect about you and only collect as much data as needed to perform our Services.
  • We store Personal Data only for as long as we have a reason to keep it and as it is needed to serve you.
  • You can contact us at any time to obtain the Personal Data we hold about you or to request for it to be permanently deleted.
  • We do not and never will sell any Data, Personal or otherwise, to third parties.
  • We aim for full transparency on how we gather, use, and share your Personal Data.
  • We make our best effort to comply with PIPEDA, CASL, GDPR and CCPA.
Placing Orders for Goods

By placing an Order for Goods through our Services, including this Website, you warrant that you are over 18 years of age and legally capable of entering into binding contracts. You can place an Order by creating an Account on our Website or checkout as a guest.

 

Your Information

If you wish to place an Order for Goods available through our Services, you may be asked to supply certain information relevant to your Order including, without limitation, your first name, your last name, your email, your phone number, your credit card number or PayPal account information, the expiration date of your credit card, your credit card’s CVV code, your billing address, and your shipping address. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s), PayPal account or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.

By placing an Order through our Services you also agree to receive emails about the progress of your Order, such as Order confirmation emails, shipping confirmation emails, Order cancellation emails, etc. These emails will be sent out from contact@youngw.ca. Please make sure to check your junk, spam or Google Promotions folders for such emails.

 

Order Cancellation

We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in your Order

We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.

 

Returns and Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and our Return Policy.

You can cancel an existing Order for any reason up until the point where you have received a shipping confirmation email from YW. In order to cancel your Order, please email us at contact@youngw.ca with your Order number. We will reimburse you no later than 14 days from the day on which we received your cancellation request. We will use the same means of payment as you used for the Order, and you do not charge any fees for such reimbursement.

In the case you have already received your Order and are not happy with it, please let us know in writing via email at contact@youngw.ca within 30 days of the delivery date of your Order to obtain a return authorization number. YW will refund the original Order amount minus the shipping fees of the original Order if all Goods are returned to us in the same condition as you received them. Goods that are damaged or not in the same condition as you received them or which show signs of wear and tear simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession. You should also include your receipt, all product instructions, documents and product packaging and wrappings. We will reimburse you no later than 14 days from the day on which we receive the returned Goods in new condition. We will use the same means of payment as you used for the Order, and will not charge you any fees for such reimbursement. YW does not cover the return shipping costs and is not responsible for lost mail of returned Goods.

The following Goods cannot be returned:

  • The supply of Goods made to your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital downloads in PDF format.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
  • The supply of Goods marked as “On Sale”.

In case of quality issues, shipping errors or manufacturing defects we will ask you to send us a photograph of the problem to contact@youngw.ca, along with details about your concern within 30 days of the delivery date of your Order. YW will then – depending on the circumstances – either dispatch a replacement item to you, issue a refund or issue a store credit.

YW is not responsible for lost mail. In case your Order has not arrived within 45 days of the ship date, please contact YW no earlier than 45 days after the ship date and no later than 80 days after the ship date at contact@youngw.ca. We will do our best to assist you.

YW reserves the right to change its return policy at any time.

 

Availability, errors and inaccuracies

We are constantly updating our offerings of Goods within our Services. The availability of Goods listed for sale is subject to change. The Goods available may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Website, in our advertising or in any other channels.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, or descriptions of additional services. We reserve the right to change and update information and the right to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Prices

All prices on YW’s Services, including its Website, are listed in Canadian Dollars (CAD). The Company reserves the right to revise its prices at any time. Prices are listed exclusive of Canadian sales taxes (GST/HST). Goods sold to Visitors with a Canadian shipping address are subject to applicable Canadian provincial and federal sales taxes. Payment can be made through various payment methods, such as Visa, MasterCard, American Express cards and PayPal. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer and our payment processing Service Providers. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order. Orders with failed payments will be canceled within 14 days if no payment is received.

YW’s Website is secured by Secure Socket Layer (SSL) technology to make sure that any information transmitted from the browser to the server, including Personal Data, is encrypted and protected. Please note that YW does not store or collect your payment card details. That information is provided directly to our third-party payment processors, Moneris and PayPal, whose use of your Personal Data is governed by their own privacy policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Orders from YW will be shown on your bank statements as “YOUNGW” or “YOUNGWTORONTO”.

 

Orders fulfilled by Drop-ship Suppliers

Some of the Goods sold on YW may be fulfilled by Drop-ship Suppliers located in Canada, the USA or other countries. Goods sold by YW and fulfilled by a Drop-ship Supplier are labelled as “Sold by: Young W” and have the Drop-ship Supplier indicated on the individual product detail page as “Supplier: (Drop-ship Supplier name)”.

For Orders fulfilled by Drop-ship Suppliers, YW will share Order information (first name, last name, phone number, shipping address, products ordered, the quantity ordered, their chosen shipping method) with Drop-ship Suppliers as necessary for Order fulfillment. Orders will then then be shipped out from the Drop-ship Supplier’s warehouse directly to the customer.

 

Orders fulfilled by Product Vendors

Some of the Goods sold on YW may be fulfilled by Product Vendors located in Canada, the USA or other countries. Goods sold by third-party Product Vendors and fulfilled by a Product Vendor are labelled as “Sold by: (Product Vendor name)”. Product Vendors set their own shipping rates, therefore Orders of Goods from a specific Product Vendor cannot be combined with Orders of Goods sold by YW (i.e. Goods labelled as “Sold by: Young W”) or with Orders of Goods sold by a different Product Vendor.

Since Orders fulfilled by a particular Product Vendor can only contain Goods from that Product Vendor, a restriction will appear in the eCommerce cart, should your Order contain Goods from more than one Product Vendor or a combination of Goods from YW and a Product Vendor – in that case we would ask you to place two separate Orders.

For Orders fulfilled by a Product Vendor, YW will share Order information (first name, last name, phone number, shipping address, products ordered, the quantity ordered, their chosen shipping method) with Product Vendors as necessary for Order fulfillment. Orders will then then be shipped out from the Product Vendor’s warehouse directly to the customer.

 

Orders fulfilled by another retailer when making a purchase after clicking on an affiliate link

YW shares book recommendations on its Website for which it may or may not earn affiliate commissions. All books sold and fulfilled by third parties recommended by YW are labelled as “Sold by: An indie bookstore near you”.

YW shares book recommendation on its Website by showing affiliate links to YW’s presence on Bookshop.org US, Bookshop.org UK and IndieBound, so that Visitors can purchase books directly from these and other online book retailers. If a customer purchases a book recommended by YW through one of YW’s Bookshop.org US, Bookshop.org UK or IndieBound affiliate links, YW makes a small commission from the sale of this book.

YW also shares book recommendation links through Bookmanager’s SHOP LOCAL API. YW does not earn a commission from any sales of books on Bookmanager’s website or from any sales of books on third-party bookshop websites which use Bookmanager.

Shipping rates and delivery methods

YW ships to the following countries:

Albania, American Samoa, Andorra, Antigua and Barbuda, Aruba, Australia, Austria, Bahrain, Barbados, Belgium, Benin, Bermuda, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bulgaria, Canada, Cape Verde, Cayman Islands, Chad, Chile, Colombia, Costa Rica, Croatia, Curaçao, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Estonia, Faroe Islands, Finland, France, French Guiana, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guyana, Hungary, Iceland, Indonesia, Ireland, Israel, Jamaica, Japan, Jordan, Kenya, Latvia, Liechtenstein, Lithuania, Luxembourg, Malawi, Malta, Marshall Islands, Martinique, Mauritius, Mexico, Micronesia, Moldova, Monaco, Morocco, Netherlands, New Zealand, Niger, Norfolk Island, North Macedonia, Northern Mariana Islands, Norway, Oman, Palau, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Reunion, Rwanda, Saint Barthélemy, Saint Lucia, Saint Martin (Dutch part), Saint Martin (French part), Saint Vincent and the Grenadines, San Marino, Seychelles, Singapore, Slovakia, Slovenia, South Korea, Spain, Suriname, Sweden, Switzerland, Taiwan, Tunisia, United Kingdom (UK), United States (US), United States Minor Outlying Islands, Vatican, Virgin Islands (U.S.) and Zambia.

You can find shipping rates for your country by entering your postal code, city, province and country into the shipping rate calculator in your cart, before you check out. We ship with Canada Post (or an equivalent postal service in the case of fulfillment by Drop-ship Suppliers and Product Vendors) and all our shipments are tracked. Please see the Shipping page for more details about delivery timelines and shipping options.

Orders are shipped out within 3 business days of receiving your order confirmation email. Our business days are Monday to Friday, excluding any Canadian and US provincial, state or federal bank holidays.

Please note that not all shipping methods are available for all destinations. If you are a Visitor from the following countries or regions, please contact us for shipping rates before placing an order:

Åland Islands, Antarctica, Christmas Island, Cocos (Keeling) Islands, Equatorial Guinea, Guernsey, Heard Island and McDonald Islands, Isle of Man, Jersey, Niue, Saint Helena, São Tomé and Príncipe, Svalbard and Jan Mayen and Tokelau.

Once we have shipped out your order, you will receive a shipping confirmation email along with the tracking number for your shipment. A signature may be required to receive the shipment.

Please note that as the customer, you are the importer of record responsible for importing the Goods purchased on YW into your country. You are responsible for any additional duties, customs charges, fees, taxes or import charges which may be charged by your country’s customs authorities and/or your country’s government when receiving your shipment at the destination address.

 

Promotions

Any Promotions made available through our Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

User Accounts and security

When you create an Account on our Website, you must provide us with a username, email address and password. You are responsible for safeguarding the password that you use to access your YW Account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

To enhance the security of your Account, we encourage you to use a strong password when creating your YW Account and to use a password manager. The security of your Personal Data is important to us. We monitor our Services for potential vulnerabilities and attacks. While we strive to make every acceptable effort to protect your Personal Data, we cannot guarantee its absolute security.

We will retain your YW Account information as long as it is as necessary to provide you with Services or until you request from us that your Account be deleted. You can request the deletion of your Account at any time by emailing YW at info@youngw.ca. If you have a YW Account which you would like to have deleted, we will need you to contact us from the email address associated with your Account.

 

Email newsletter

“Musings by YW” is our weekly email newsletter. We will not automatically send you our email newsletter when you make a purchase on YW. You can sign up for our newsletter separately here. You will only be subscribed once you have provided your electronic consent via the confirmation of your email address.

You can unsubscribe at any time through the unsubscribe link included at the bottom of all our newsletter emails or by emailing us your request to unsubscribe at info@youngw.ca. If you have decided to unsubscribe from the newsletter, please allow 10 days for your email address to be removed from our database.

If you have given written consent to sign up for the newsletter in an offline setting (e.g. at a fair or in-person event), you will receive an automatic email request to confirm your email address after the event.

We will keep your email address on file until you unsubscribe from the newsletter. Your email address is used solely to send you our electronic newsletter, which includes marketing and promotional messages about YW’s activities. We will never sell or share your email address with third parties.

You have the option to receive ‘Musings by YW’ also as physical letters via postal mail if you choose to provide us with your mailing address via email at info@youngw.ca. Your mailing address will solely be used to send you our newsletter in hardcopy, paper format and will be kept on file as long as you are subscribed to the electronic version of the newsletter. Should opt to unsubscribe from our electronic newsletter, we will also stop sending physical letters to your mailing address.

 

Visitor Content

 

Your Right to Post Visitor Content

Our Services allows you to post product reviews and blog comments and allows some users to create and/or edit product descriptions (“Visitor Content”). You are responsible for the Visitor Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Visitor Content to the Website, you grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Visitor Content on and through the Services. You retain any and all of your rights to any Visitor Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for the Company to make your Visitor Content available to other users of the Services, who may also use your Visitor Content subject to these Terms.

You represent and warrant that: (i) the Visitor Content is yours (you own it) or you have the right to use it and grant the Company the rights and license as provided in these Terms, and (ii) the posting of your Visitor Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Visitor Content Restrictions

The Company is not responsible for the Visitor Content of the Services’ Visitors. You expressly understand and agree that you are solely responsible for the Visitor Content and for all activity that occurs under your Account, whether done so by you or any third person using your Account.

You may not transmit any Visitor Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

•    Unlawful or promoting unlawful activity.

•    Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

•    Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

•    Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

•    Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

•    Impersonating any person or entity including the Company and its employees or representatives.

•    Violating the privacy of any third person.

•    False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Visitor Content is appropriate and complies with these Terms, refuse or remove this Visitor Content. The Company further reserves the right to make formatting changes or edits or to delete any Visitor Content. The Company can also limit or revoke the use of the Services if you post such objectionable Visitor Content. As the Company cannot control all Visitor Content posted by Visitors on the Website, you agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Visitor Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Visitor Content, including any errors or omissions in any Visitor Content, or any loss or damage of any kind incurred as a result of your use of any Visitor Content.

 

Copyright Policy

 

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that YW content or Visitor Content posted on the Services infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit your notice in writing to the attention of our copyright agent via email at info@youngw.ca and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any of YW’s content or Visitor Content is infringing your copyright.

 

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Services where the material that you claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • You can contact our copyright agent via email at info@youngw.ca. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.

 

Intellectual Property

The Services of YW and its original content (excluding Visitor Content provided by you or other Visitors), features and functionality are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, and other laws of both the Country and foreign countries. Our content, logo and brand elements may not be used in connection with any product or service without the prior written consent of the Company.

 

Links to Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Third party websites may utilize marketing and/or statistics Cookies. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Blog articles or web pages on YW may include embedded content (e.g. videos from Vimeo or Bandcamp, images, PDF articles, etc.). Embedded content from other websites behaves in the exact same way as if the Visitor has visited the other website. These websites may collect data about you, use Cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an Account and are logged into that website. Wherever possible, YW will make efforts to embed content to other websites in “DoNotTrack”-mode.

Our Services may link to third-party web pages with the use of printed QR codes. Some of these third-party web pages linked to via QR code may place marketing and/or statistics Cookies on your Device, even if the web page visited is a YW URL with embedded video content from third-party websites. By purchasing Goods from YW you acknowledge that the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services linked to via QR code. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such web sites or services linked to via QR code.

To the extent that YW does make use of digital event software (such as Crowdcast or Zoom, for example), has an affiliate bookstore presence on Bookshop.org US, Bookshop.org UK and IndieBound or uses social media platforms for certain marketing purposes (such as Twitter, Instagram, Pinterest or LinkedIn, for example), these Terms and Conditions do not apply to YW’s presence on these platforms, due to the fact that these platforms are governed by their own terms and conditions.

 

Visitors under the age of 18

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.

 

Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Services will cease immediately.

 

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $25 CAD if you haven’t purchased anything through the Services.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

 

“AS IS” and “AS AVAILABLE” Disclaimer

The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, Devices, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a Consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. Your use of the Services may also be subject to other local, provincial, state, national, federal or international laws.

 

Disputes Resolution

If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company. If the dispute remains unresolved thereafter, such dispute shall be resolved before the courts of Ontario, sitting in the City of Toronto. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of such courts with respect to any dispute or claim arising out of or in connection with these Terms and Conditions.

 

For European Union (EU) Users

If you are a European Union Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

 

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions were originally written in English (CA). In the event of a conflict between a translated version of our Terms and Conditions and the English version, the English version will take precedence.

 

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.

 

Interpretation and Definitions

 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique eCommerce account created for you on the Company’s Website to access your past transactions, downloads, store credit and other parts of our Services.
  • Bookmanager is a bookstore management software.
  • Bookshop.org UK is a website which allows the Company to generate book recommendation affiliate links, so that Visitors can purchase books directly from the online book retailer Bookshop.org UK. If a Visitor purchases a book recommended by the Company through one of the Company’s Bookshop.org UK affiliate links, the Company makes a small commission from the sale of this book.
  • Bookshop.org US is a website which allows the Company to generate book recommendation affiliate links, so that Visitors can purchase books directly from the online book retailer Bookshop.org USA. If a Visitor purchases a book recommended by the Company through one of the Company’s Bookshop.org USA affiliate links, the Company makes a small commission from the sale of this book.
  • California Consumer Privacy Act (“CCPA”) refers to a California privacy law.
  • CASL refers to Canada’s Anti-Spam Legislation.
  • Company (referred to as either “the Company”, “Young W” or “YW” in this Agreement) refers to Young W, PO Box 66 Stn C, Toronto, ON, M6J 3M7, Canada. For the purposes of the GDPR, the Company is the Data Controller.
  • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • Cookies are small data files transferred onto your computer, mobile Device or any other Device by websites for record-keeping purposes, to capture details of your browsing history on that website and to enhance the functionality of that website.
  • Country refers to: Ontario, Canada.
  • Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
  • Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
  • Drop-ship Supplier means a supplier from which the Company has sourced Goods which are offered by the Company for sale to the Company’s Visitors on https://www.youngw.ca and which fulfills Orders by shipping those Goods directly to the customer.
  • GDPR (General Data Protection Regulation) refers to the European data privacy and security law.
  • Goods refer to the items offered for sale on the Service.
  • IndieBound is a website which allows the Company to generate book recommendation affiliate links, so that Visitors can purchase books directly from independent retailers in the USA and Canada. If a Visitor purchases a book recommended by the Company through one of the Company’s IndieBound affiliate links, the Company makes a small commission from the sale of this book.
  • Instagram is a public profile named “Young W” specifically created by the Company on the Instagram social network, accessible from https://www.instagram.com/youngw_ca.
  • LinkedIn is a public profile named “Young W” specifically created by the Company on the LinkedIn social network, accessible from https://www.linkedin.com/company/youngw.
  • Orders mean a request by you to purchase Goods from the Company.
  • Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
  • Pinterest is a public profile named “Young W” specifically created by the Company on the Pinterest social network, accessible from https://www.pinterest.ca/youngw_ca.
  • PIPEDA refers to the Personal Information Protection and Electronic Documents Act, a Canadian privacy law.
  • Product Vendor means a third-party vendor of Goods which offers Goods for sale to the Company’s Visitors on https://www.youngw.ca and which fulfills Orders by shipping such Goods directly to the customer.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Services.
  • Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
  • Services refers to our Website, products, events, content and other services offered for sale or for free by the Company in its communication and distribution channels.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate its Services, to provide the Services on behalf of the Company, to perform services related to the Company’s Services or to assist the Company in analyzing how its Services are used. For the purpose of the GDPR, Service Providers are considered data processors.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.
  • Twitter is a public profile named “Young W” specifically created by the Company on the Twitter social network, accessible from https://www.twitter.com/youngw_ca.
  • Website refers to the Company’s Websites, accessible from https://www.youngw.ca, https://www.folliness.com and https://www.folliness.ca.
  • Visitor (“you”) means the individual or company or other legal entity on behalf of which such individual is accessing or using the Company’s Services, as applicable. Under GDPR (General Data Protection Regulation), you can be referred to as the data subject or as the Visitor as you are the individual using the Services.
  • Visitor Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.

 

Contact us

If you have any questions about these Terms and Conditions, you can contact us

  • by email at info@youngw.ca or
  • by postal mail at Young W, PO Box 66 Stn C, Toronto, ON, M6J 3M7, Canada.