Consumer Terms & Conditions of Use

For our Canadian customers
Merchant uses FiftyOne's Borderfree Service to allow you to see your total landed price including all duties, taxes, shipping and handling charges in Canadian dollars before you place your order. Here is some additional information for our valued Canadian buyers.

Shopping Fulfillment Service
The purchase of any product from Merchant while using the Borderfree Service offered by FiftyOne shall be a transaction solely between you and Merchant. Any question, request for support or dispute you may have regarding any product should be addressed directly to Merchant. FiftyOne, its parent, subsidiaries or affiliates or any of its or their respective employees, agents, officers, directors or third party service providers have no responsibility or liability for your relationship or dealings with Merchant, nor any products you acquire from Merchant including their quality and performance, including, without limitation, any failure in delivery of said Goods to the Distribution Center in the U.S., which shall be the sole responsibility of Merchant.

Title to Products
At no time does FiftyOne take title to or responsibility for any products that it may acquire, ship or accept on your behalf. Title in or to any products shall at all times remain with, as applicable, Merchant or you. The passing of title from Merchant to you shall be determined in accordance with the Merchant's standard terms and conditions but notwithstanding the foregoing, in no instance will Title pass from Merchant to you at a time later than that of the receipt of said Goods at the Distribution Center in the U.S.

Customs Broker
By ordering goods from Merchant, you hereby authorize a licensed Canadian customs broker chosen by FiftyOne to act as your agent, and to transact business with Canadian Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to Merchant and prepare and submit refund claims on your behalf for any merchandise that you return. 

You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from FiftyOne. In this connection, you also authorize the customs broker to endorse any refund cheque issued by CBSA in your name, so that FiftyOne can be reimbursed.

Restricted Products
Merchant and FiftyOne shall each have the right, in their sole discretion, to refuse to provide service with respect to any product or quantity of products. This right shall exist at all times, even after Merchant or FiftyOne have accepted your purchase instructions.

Information Collection
The purchase process requires you to give Merchant your purchase information, billing and shipping addresses and credit card information. This information is provided to FiftyOne to allow FiftyOne and its suppliers (such as credit card processors) to process and fulfill purchase instructions and to contact you with status updates and service-related information. Any such suppliers are under strict written confidentiality requirements and may only use this information to provide their services to FiftyOne. FiftyOne also may from time to time analyze and study this information to help FiftyOne better serve merchants and consumers with its Borderfree Service, including purchase trends using the Borderfree Service, at the postal code level. Any such studies or reports so generated for FiftyOne, or merchants, will absolutely not contain any personally identifiable information whatsoever.

Order Verification
In order to protect you, Merchant and FiftyOne from fraudulent transactions, FiftyOne may provide your transaction-related information to a reputable third party organization to perform address and credit verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. FiftyOne also reserves the right not to ship items ordered or purchased on this website to certain addresses, at its discretion. In the event that FiftyOne chooses not to ship an item, you will be notified by Merchant.

Fraud Prevention
Merchant and FiftyOne reserve the right to co-operate with local, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of personal information. We may also report to other organizations about improper or unlawful user activities on FiftyOne and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

Warranty Coverage and Liability
FIFTYONE IS NOT LIABLE OR RESPONSIBLE FOR THE CHARACTER, QUALITY, PERFORMANCE, QUANTITY, SIZE, COLOUR, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT ACQUIRED BY YOU OR ON YOUR BEHALF FROM MERCHANT OR ANY ACT OR OMISSION OF MERCHANT. THE WARRANTY COVERAGE FOR A PRODUCT, IF ANY, SHALL BE LIMITED TO THE COVERAGE OFFERED BY MERCHANT OR MANUFACTURER OF THE PRODUCT. YOU ACKNOWLEDGE THAT SOME WARRANTY PROGRAMS ARE VALID ONLY IN THE JURISDICTION WHERE MERCHANT RESIDES AND THAT IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF THE WARRANTY PROGRAM FOR ANY PRODUCT YOU PURCHASE WILL BE HONOURED WHERE YOU RESIDE. YOU ACKNOWLEDGE AND AGREE THAT FIFTYONE SHALL NOT IN ANY CASE BE LIABLE FOR ANY AMOUNTS WHICH EXCEED THE VALUE OF THE PARTICULAR ITEM BEING PURCHASED OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHETHER OR NOT SUCH FIFTYONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Returns
All returns will be subject to Merchant and FiftyOne's return policies. Subject to its then current return policies, FiftyOne will facilitate the return to Merchant. FiftyOne does not guarantee that any product will be cleared through customs or that Merchant or applicable government authorities will issue any refund. Any credit issued, including for gift returns, will be issued to the credit card used in the original purchase and will include the original cost of the product plus any duties and taxes originally charged, less any return charges imposed by Merchant or FiftyOne and any applicable taxes. FiftyOne also reserves the right to recover any actual logistics costs incurred in the processing of a return back to Merchant returns facility in the form of a reduced credit, unless otherwise instructed by Merchant.

Taxes
FiftyOne is required to charge to all Canadian customers GST/HST as applicable depending upon the Province to where the shipment is made. GST/HST as it applies to the product and duty values is a reimbursement to FiftyOne for the GST/HST paid by FiftyOne on your behalf when the goods clear customs. FiftyOne will also charge you GST/HST on Shipping and Handling and/or Returns Costs, if applicable.