Terms of use

Terms of use

This website, as accessed or located at www.blushlingerie.ca and/or www.blushlingerie.com (collectively “our website”), is owned and operated by BLUSH LINGERIE INC. (“BLUSH”, “we” or “us”), for the convenience of our users and customers. Any use of our website by users and customers (“you” or collectively “Customers”) is subject to the terms of use explained it in this document (the “Terms of Use”), as well as the other agreements and policies mentioned below. As such, we ask that you please read the following carefully, as it will govern our relationship concerning how you may use our website. If you do not wish to be bound by these Terms of Use, you may not use our website nor any of its services.



    1. 1. Our website uses geolocation to attempt to present a version of our website that is suitable to each Customer's location. We ask that you refrain from using any other version of our website, except to the extent that you may determine that our website has been unable to present you automatically with a version of our website that is suitable to your location. Canadian Customers should use the Canadian version of our website (our “Canadian Site”), American Customers should use the American version of our website (our “American Site”), and other Customers should use the version of our website offered for Customers located outside of Canada and the United States (our “Foreign Site”). As such, we make no representation as to the fact that our website or its contents may be used, or are appropriate for use outside the country of each individual Customer or any other jurisdiction. Our website is intended for use by Customers who have attained age of majority. If you are below the age that 13, you may not use our website, nor any of our services, as we do not wish to collect any personal information of children below the age of 13. If you are 13 or above but have not yet attained the age of majority, you may not use our website without a parent's or your guardian's supervision.

    1. 2. In the context of using our website, you may be invited to subscribe and/or create a user account. You are not required to create an account to purchase any merchandise through our website. If you do create an account, however, you will be responsible to maintain the confidentiality of your account credentials and agree to be responsible for the use of that account.

    1. 3. The display of any merchandise on our website may not be construed as an offer by us to sell such merchandise, but should rather be interpreted as an invitation to treat. If you elect to make purchases of merchandise through our website, you will be shown a confirmation of your order prior to actually submitting your order. As the case may be, your submission of any such order will constitute an offer, from you to us, to purchase the merchandise at issue, at the price shown on your order confirmation and subject to these Terms of Use and any other that may be displayed on our website during the process. We may thereafter accept or reject your order and offer, at our discretion. If we accept your order, we will send you an email confirming the acceptance of your order. Notwithstanding the sending of such an email however, we reserve the right to refuse or cancel any order, in which case we will issue a refund on your credit card if the merchandise had already been charged. Without limiting the generality of the foregoing, we reserve the right to refuse or cancel any order of merchandise in case of error on price or other product information, as displayed through our website. Any payment by credit card is also subject to approval by the issuing financial institution and/or the credit card company at issue.

    1. 4. The availability of certain merchandise shown on our website may be limited and not all merchandise may be available for immediate delivery. Should an item of merchandise that you ordered not be available, we will contact you and determine with you whether you wish to maintain your order, or, alternatively, reimburse you if not.

    1. 5. All prices shown on the Canadian version of our website are in Canadian dollars (CAD), whereas prices shown on the American and Foreign versions of our website are in American dollars (USD). Prices shown on our website do not include applicable shipping and handling charges, as the case may be, nor applicable sales taxes, though such charges and taxes will be itemized on each order confirmation at checkout.

    1. 6. We will ship any merchandise ordered by Customers in accordance with particulars provided and selected by the Customer upon effecting each transaction, through a third party delivery services provider. You will become owner of any merchandise ordered through our website upon its delivery to you. The merchandise offered on our Canadian Site is available only in Canada, as our Canadian Site is intended for Canadian Customers only. The merchandise offered on our American Site is available only in the United States, as such our American Site is intended for American Customers only. We will not ship merchandise abroad through our Canadian Site nor our American Site. If you reside in another jurisdiction, you may not use our Canadian Site or our American Site, and should rather use our Foreign Site. Any purchase of merchandise through our website will be subject to our Return Policy, as posted from time to time on our website.

    1. 7. We do not warrant that any merchandise shown or listed on our website is available, nor that any description, price or content shown on our website is completely accurate and reliable, nor that it is necessarily error free. As such, we reserve the right to correct any errors or mistakes that we may find out on our website at any time, with or without prior notice to users, including to correct prices. The parties hereby disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods regarding the purchase of any merchandise through our website.

    1. 8. We reserve the right to monitor and control the use of our website and/or of the related services (including for security purposes), though we make no warranty that we will do so. If you elect to provide us with any content or communicate with us by email, you warrant that you own the rights to such content, which you allow us to reproduce, publish or make available online for others. You also acknowledge that unencrypted file transfer or emails sent over the Internet are subject to interception by third parties.

    1. 9. If you elect to communicate with us electronically, by providing or sending us information or content, you warrant and represent that such information or content will not be harmful to any third party, to our computer system, nor to any other user of our website. Under such circumstances, you also warrant that any information or statement that you make in the context of such communication is not libelous nor defamatory, or otherwise susceptible to giving rise to any civil liability or criminal prosecution.

    1. 10. If you elect to communicate with us electronically, you also agree to receive communications from us, in accordance with our privacy policy, whether it be by email, the posting of notices on our website, or otherwise. As the case may be, you acknowledge that any communication sent to you by email satisfies the requirements of the sending of any notice to you, as if it has been provided on paper.

    1. 11. You may find an explanation of our privacy and personal information practices in our Privacy Policy, as posted here on our website. Your use of our website indicates your acknowledgment and agreement with the content of our Privacy Policy. Without limiting the generality of the foregoing, you acknowledge that we may track some of the preferences and activities relating to your use of our website, including for your convenience upon subsequent visits. To that end, we may use cookies that store information such as the number of your visits to our website or its pages and information as to your account if you elected to create one. You may configure your computer's browser to disable or refuse cookies, in which case you may be provided with a more limited experience upon visiting our website, including having to contend with more limited functionalities.

    1. 12. EXCEPT AS OTHERWISE PROVIDED AND THESE TERMS AND CONDITIONS, ALL CONTENT AND SERVICES DISPLAYED OR OFFERED ON OUR WEB SITE ARE MADE AVAILABLE TO CUSTOMERS “AS IS” AND WITHOUT ANY SORT OF WARRANTY, WHETHER IMPLIED, STATUTORY, LEGAL OR CONVENTIONAL, ALL OF WHICH ARE HEREBY DISCLAIMED. WE MAKE NO REPRESENTATION OR WARRANTIES REGARDING THE CONTENTS OR FUNCTIONING OF OUR WEB SITE OR ANY CONTENT FOUND ON IT, THAT THEY ARE SUITABLE FOR YOUR NEEDS, THAT THEY ARE ERROR-FREE, NOR, FINALLY, THAT THEY ARE EXEMPT FROM ANY VIRAL OR HARMFUL COMPONENT OR THAT SUCH PROBLEMS WILL BE CORRECTED IF DISCOVERED FROM TIME TO TIME. WE ALSO DO NOT REPRESENT NOR WARRANT THAT WE WILL CORRECT ANY ERRORS OR MISTAKES ON OR IN OUR WEB SITE OR ITS CONTENT. THE EXCLUSIONS OF WARRANTIES EXPLAINED ABOVE MAY NOT APPLY TO YOU, DEPENDING ON YOUR PROVINCE OF RESIDENCE, DEPENDING ON ITS LEGAL REGIME.

    1. 13. You acknowledge in fact, in case a problem with our website or the related services, your only right and recourse will be to stop using our website and/or the related services at issue. You hereby waive any and all remedies, warranties, and liabilities related to our website or the related services. As such, we may not be held liable for any sort of damages whether they are direct or indirect, incidental, special or consequential, for any reason whatsoever relating to your use or your inability to use our website, its content or the related services. The foregoing limitation will apply to any basis of claim, whether it be based on any form of contractual or extra-contractual liability, or any other sort of liability. The limitation of liability explained above may not apply to you, depending on your province of residence, depending on its legal regime.

    1. 14. All content displayed or shown on our website (our “Content”) is made available to Customers for their convenience only, and solely for their personal (non-commercial) use, including by displaying it on their device and/or printing the content of certain pages on paper. All Content is protected by copyright legislation and treaties. You may not make such Content available online, nor republish or otherwise distribute any such Content, whether online or offline, without our prior written authorization. Trademarks displayed or shown on our website (the “Trademarks”) are trademarks of their respective owners, some of which are licensed to us, and may not be used without permission of their respective owners. The BLUSH trademark and its logo are owned by Blush Fashion Group Inc., used under license. These Terms of Use and the display of our Content and the Trademarks through our website will not be interpreted as giving any customer or third party any right or authorization to use such Content and Trademarks.

    1. 15. You agree to indemnify, defend, and hold us harmless from and against any third-party claim arising from your misuse of any part of our website or your violation of these Terms of Use or of any other agreement or policy referred to herein, any misuse of your account, or any damaging content or element that you may elect to submit to us through our website.

    1. 16. If we provide links as part of the content placed on our website, such links are provided to you for your convenience only, and you acknowledge that we are not responsible for the sites and content to which such links refer. As such, we may not be held liable for any site or content to which our website may have linked.

    1. 17. We reserve any and all rights not expressly granted in these Terms of Use and nothing contained and these Terms of Use will be presumed to grant you any license not specifically explained above. We further reserve the right, with or without notice to Customers, to terminate access to our website for any particular Customer, to discontinue service, to terminate any accounts, and to cancel any order received for merchandise through our website, from time to time, as may be required, at our discretion.

    1. 18. We also reserve the right to amend, modify or update, from time to time and at our discretion, the content of these Terms of Use, as well as that of other agreements and policies mentioned above. In such case, the posting of any such amendment, modification or update will be deemed to constitute adequate notice to Customers regarding same and their acceptance thereof.

    1. 19. If any of the above Terms of Use are held invalid or void by a court of competent jurisdiction, then, the other provisions contained above will remain valid and enforceable.

    1. 20. The failure of any party to enforce any of the rights provided by the provisions found above or to act upon a violation of any of these Terms of Use will not be interpreted as a waiver by the other party and will not prevent it from subsequently enforcing the same provisions.

    1. 21. These Terms of Use, including other agreements and policies referred to above (all of which are incorporated herein by reference), constitute the entire agreement between you and us concerning use of our website, your eventual order of merchandise and/or associated services. This agreement may not be amended, except in writing signed by both parties.

    1. 22. These Terms of Use will be governed by the laws applicable within the province of Québec, Canada, to the exclusion of any others. Any dispute or disagreement relating to these Terms of Use, use of our website by Customers, any transaction for the purchase of merchandise through our website will be referred to, and resolved, by a court of competent jurisdiction in the Judicial District of Montréal, Québec, Canada, the exclusion of any other.

The parties agree that these Terms of Use are drafted in English, a simultaneous French version being available on our website. Les parties conviennent que ces modalités soient rédigées en anglais, une version française étant simultanément disponible.



Last updated: APR-14-2014