DELSEY LUGGAGE (CANADA)--TERMS OF USE

Effective as of March 30, 2020

Welcome to the Delsey Luggage (Canada) website, shopdelsey.ca (the "Website"). This Website is provided to assist customers in gathering information about Delsey Luggage (Canada) ("Delsey", "we" or "us") products and services, purchasing these products and services for themselves or as a gift to third parties, and otherwise interacting with the Website such as to provide comments, ask questions, or request assistance with respect to a DELSEY product or service. The term "you" or "user" refers to the individual visiting the Website and/or making purchases or otherwise interacting with the Website.

Please read the Terms of Use carefully before you start using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, Terms of Sale, Return & Refund Policy, Warranty Policy and any other policy or content incorporated herein by reference. If you do not want to agree to these Terms of Use or the other policies, you may not access or use the Website.

  1. Scope and Term

Acceptance of the Terms of Use

The following terms and conditions, together with any documents that they expressly incorporate by reference (collectively "Terms of Use"), govern your access to and use of the Website, including any content, functionality, products and services offered on or through the Website, whether as a registered user or non-registered user.

Conditions for Access

This Website is offered and available to users who are of legal age to perform contracts, and reside in Canada. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Geographic Restrictions

We make no claims that the Website or any of its content is accessible or appropriate outside Canada. Access to the Website may not be legal by certain persons or in certain countries outside the United States or any of its territories or possessions. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Unless otherwise provided, all changes will be effective immediately when we post them, and will apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use will mean that you accept and agree to the changes. For these reasons, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Changes to the Website

We reserve the right to withdraw or amend this Website, and any of its content, in our sole discretion and without prior notice. In this sense, we will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date and there may be errors or imprecisions. Of course we make an effort to maintain all content updated, but please take into account that we are under no obligation to update such content.

Registration

You are free to use the Website without providing us with information that may identify you specifically. You may also elect to register on our Website to take advantage of our offers or to purchase our products or services.

To use the Website or purchase any of our products or services, you will be asked to provide certain registration details or other information. We can provide you with proper service only if all the information you provide when registering on the Website or filling out our forms or questionnaires is correct, current and complete.

Termination

This Website and its content and functionalities are provided free of charge to you.

We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Privacy and Security

Privacy

Your use of the Website is subject to our Privacy Policy. You agree that you have read our Privacy Policy and that it is reasonable and acceptable to you. Your acceptance of these Terms of Use is also your consent to the information practices described in our Privacy Policy.

Account Security

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of this Website using your user name, password or other security information. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or Internet connection so that others are not able to view or record your password or other personal information.

You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You are solely responsible for any purchase, post or any other activity made under your user name/password unless you have previously notified us of this loss or compromise.

  1. Intellectual Property Rights

Ownership Rights

The Website and its entire content (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and its features and functionality, are owned by Delsey, its licensors or other providers of such material and are protected by Canada, US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.

These Terms of Use grant you a license to use the Website and its content for your personal, non-commercial use only. No right, title or interest in, or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Delsey. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or transmit any of the material available on or from our Website. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

If you wish to use any content on the Website other than that set out in this section, please address your request as indicated in the How to Contact Us section.

If you infringe this section, your right to use the Website will cease immediately and you will be required, at our option, to return or destroy any copies of the content that you have made.

Copyright Infringement

Delsey respects the copyright of others and it is its policy to terminate the user accounts of repeat infringers.

If you believe that any content on the Website, posted by us or by a third party violates your copyright, please address your written request with the following information:

  1. • A clear identification of the copyrighted work you claim was infringed.
  2. • A clear identification of the content you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. • Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. • A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. • The request must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The written request must be sent as indicated in the How to Contact Us section.

We will review and address all requests that comply with the requirements above. In this sense, please note that we will not process your request if it is not properly filled out or if it is incomplete.

Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorney's fees).

For any additional questions regarding copyright infringement please contact us as indicated in the How to Contact Us section.

Trademarks

The DELSEY name, the terms Helium, Lyptus, Securitech, Zip Securi-Tech, and all related names, logos, product and service names, designs and slogans used or displayed in the Website are registered or unregistered trademarks or services marks of Delsey or its affiliates or licensors. You may not use such marks without the prior written permission of Delsey. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and are subject to their respective trademark policies.

Users Contents

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contents") on or through the Website.

All User Contents must comply with the Content Standards set out in these Terms of Use.

Any User Contents you post to the Website will be considered non-confidential and non-proprietary. Therefore, if you upload or post any User Contents on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, irrevocable, transferable, sublicenseable, perpetual, royalty free, license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contents for any purpose according to your account settings.

You understand and acknowledge that you are responsible for any User Contents you submit, and you, not Delsey, have full responsibility for such User Contents, including its legality, reliability, accuracy and appropriateness.

In this sense, you represent and warrant that all of your User Contents does and will comply with these Terms of Use.

Ideas or Suggestion policy

Delsey does not accept any unsolicited idea, submission or suggestions regarding products, processes, accessories, methods or services from users or any third parties. We strongly urge you to not send any of these ideas or suggestions to Delsey.

ANY IDEA OR SUGGESTION SUBMITTED TO DELSEY DIRECTLY OR THROUGH THE WEBSITE WILL BE TREATED AS "USER CONTENTS" AND DELSEY WILL NOT ASSUME ANY OBLIGATION REGARDING THE SAME.

  1. Conditions to Use the Website

We intend for all of our users to enjoy their visit or other uses of the Website. For this, all users must abide by certain rules and standards that make interactions pleasant and positive for everyone.

Content Standards

These content standards ("Content Standards") apply to any and all User Contents and use of the Website. User Contents must, in its entirety, comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, User Contents must not:

  1. • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  2. • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age.
  3. • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  4. • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  5. • Be likely to deceive any person.
  6. • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  7. • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  8. • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  9. • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  10. • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  1. • In any way that violates any applicable federal, state, local, foreign or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  3. • To send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms of Use.
  4. • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  5. • To impersonate or attempt to impersonate Delsey, any of its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  6. • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that, as determined by us, may harm Delsey or users of the Website or expose them to liability.

Additionally, you agree not to:

  1. • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  2. • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. • Use any manual or automated process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  4. • Use any device, software or routine that interferes with the proper working of the Website.
  5. • Introduce any viruses, trojan horses, worms, logic bombs or malicious or technologically harmful material.
  6. • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
  7. • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. • Otherwise attempt to interfere with the proper working of the Website.
  1. Communications and Links

Communications

You agree to allow us to communicate with you electronically. Therefore, you agree that we can send you e-mail news, notices and other information about your orders via e-mail such as order confirmation, order status, product out of stock notification, or shipping confirmation.

We may also send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc. You may opt out of receiving this type of communications by selecting the link "opt out" or "unsubscribe" in the respective e-mail, or by setting the option in your registered user account, or by contacting us as indicated in the How to Contact Us section.

Inbound Links

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Social Media Features

This Website may provide certain social media features that enable you to:

  1. • Link from your own or certain third-party websites to certain content on this Website.
  2. • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  3. • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  1. • Establish a link from any website that is not owned by you.
  2. • Cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking, or using other methods to frame, link or establish a connection with any other site.
  3. • Link to any part of the Website other than the homepage.
  4. • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Other Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Online Purchases and Terms of Sale

The Website includes a platform to make purchases of our products or services online. All purchases through our Website or other transactions for the sale of products or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale, Return & Refund Policy and Warranty Policy which are hereby incorporated into these Terms of Use.

  1. Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

EXCEPT OTHERWISE PROVIDED IN OUR WARRANTY POLICY THE WEBSITE, ITS CONTENT AND ANY PRODUCT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER DELSEY NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY "DELSEY ASSOCIATES") MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCT, SERVICE OR ITEM OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.

BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DELSEY AND DELSEY ASSOCIATES’S WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation on Liability

DELSEY, DELSEY ASSOCIATES, OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE WEBSITE, ITS CONTENT, OR ANY PRODUCT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN NO EVENT WILL DELSEY OR ANY DELSEY ASSOCIATES OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ANY PRODUCT, SEVICE OR OTHER ITEM OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DELSEY AND DELSEY ASSOCIATES’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND DELSEY AND DELSEY ASSOCIATES’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM SHALL NOT EXCEED $50.00. (CANADIAN DOLLARS).

  1. Monitoring and Enforcement; Termination

To keep a friendly environment and a lawful Website, we retain the right to:

  1. • Remove or refuse to post any User Contents for any reason in our sole discretion.
  2. • Take any action with respect to any User Contents that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contents violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Delsey.
  3. • Disclose your identity or other information about you, in a lawful manner, to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. • Take appropriate legal action, including without limitation, referral to law enforcement, for any actions that we believe, in our reasonable discretion, to be illegal or constitute unauthorized use of the Website.
  5. • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DELSEY AND DELSEY ASSOCIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DELSEY OR DELSEY ASSOCIATES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DELSEY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before they are being posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. In this regard, you should be skeptical about any information posted by third parties and you acknowledge that the use of any User Contents posted in the Website is at your own risk. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Indemnification

You agree to defend, indemnify and hold harmless Delsey and Delsey Associates, and its and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contents, any use of the Website's content or information obtained from the Website, other than as expressly authorized in these Terms of Use.

  1. Governing Law and Jurisdiction/Dispute Resolution

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Jurisdiction

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the relevant state or federal courts located in the City of Baltimore and County of Baltimore City although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Miscellaneous Terms

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by Delsey of any provision set forth in these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other term or condition. Any failure of Delsey to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If an arbitrator, court or other tribunal of competent jurisdiction holds any provision of these Terms of Use to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use (which include our Privacy Policy, Terms of Sale, Return & Refund Policy and any other policy or content incorporated in the Website) constitute the sole and entire agreement between you and Delsey Luggage Inc. with respect to the Website, products and services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

How to Contact Us

This Website is operated by Delsey Luggage (Canada)

Except as otherwise provided in the Term of Sale, Return & Refund Policy, Privacy Policy or Warranty Policy, all feedback, comments, questions requests for technical support and other communications relating to the Website and the products or services displayed on or through the Website should be directed to the Customer Service Department at:

1-800-923 3388

info@samboro.ca

Samboro Luggage(Canada) Corp. –Delsey Luggage (Canada)

88B East Beaver Creek Road, Unit 4, Richmond Hill, Ontario L4B4W2, Canada