OHare II

1. USE OF THIS WEBSITE

This website is owned by Want Retail Inc., and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view www.wantessentiels.com or such material.

Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by Want Retail Inc. in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

Want Retail Inc. makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Want Retail Inc. does not represent, warrant or undertake that any errors on or relating to this website will be corrected or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. WANT RETAIL INC. AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

WANT RETAIL INC. IS NOT LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Want Retail Inc., and Want Retail Inc. does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Want Retail Inc. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of Want Retail Inc. or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

Notwithstanding the foregoing, Want Retail Inc. authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Want Retail Inc. and its affiliates without express written consent of Want Retail Inc. You may not use any meta tags or any other “hidden text” utilizing Want Retail Inc.’s name or trademarks without the express written consent of Want Retail Inc. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Want Retail Inc.

You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to Want Retail Inc.’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to Want Retail Inc. by accessing or using this website does not infringe the rights of any other person or entity. You consent to Want Retail Inc. using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Want Retail Inc. or the disclosure of your identity, in accordance with the Want Retail Inc. Privacy Policy (see Section 2 above).

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Want Retail Inc. may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Want Retail Inc. makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Want Retail Inc. ever decides to do it.

Links and references to other websites are provided to you as a convenience only. Want Retail Inc. has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Want Retail Inc. To obtain permission, contact our concierge by clicking here.

Want Retail Inc. does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

All rights not expressly granted in these terms are reserved to Want Retail Inc. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Want Retail Inc. or any other person or entity.

This site is controlled and operated by Want Retail Inc. from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

IF YOU ARE RESIDING IN THE PROVINCE OF QUEBEC OR IN THE PROVINCE OF ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS SECTION 17 MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 17 DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.
 

Binding Arbitration

Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-888-998-9268 and give us an opportunity to resolve the dispute. Similarly, before Want Retail Inc. takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Want Retail Inc. is notified by the other of a dispute, then either party may then initiate the arbitration process. For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought. NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND WANT RETAIL INC. BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.
 

Injunctive Relief and Provisional Relief

Notwithstanding the provisions in this Section 16, Want Retail Inc. shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

Want Retail Inc. may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

We may use “cookies” to track your preferences and activities on the Want Retail Inc. website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to www.wantessentiels.com more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on www.wantessentiels.com. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of www.wantessentiels.com.

The failure of Want Retail Inc. to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of Want Retail Inc. to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Want Retail Inc. with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Want Retail Inc. making such amendments or modifications available to it pursuant to the terms hereof.

Want Retail Inc. reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

21. ENGLISH LANGUAGE

Making a purchase on www.wantessentiels.com is dependent on you providing your personal details, such as a real name, address, telephone name, email address, and any additional information we may need to process, fulfill, and complete your order. You will also be required to provide valid and correct payment details, which you confirm are current and are represented by you, the person you name in your billing information.

www.wantessentiels.com is only available to those who meet the Want Retail Inc. terms of eligibility, who have been issued a valid credit card by a bank acceptable to Want Retail Inc. and who have authorized Want Retail Inc. to process a charge on their credit card in the amount of the total purchase price for the merchandise which they purchase.

By purchasing merchandise on www.wantessentiels.com, you are authorizing us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

You also agree that we may use your personal information to conduct anti-fraud checks; your personal information may be disclosed to a fraud prevention agency who may keep a record of that information.

Please see our Privacy Policy for more information on how we use your data.

All orders placed on www.wantessentiels.com are subject to product availability and to our acceptance of the order. Items in your shopping cart are not reserved and can be purchased by other customers.

Acceptance of your order occurs when you have received a shipping confirmation email, outlined with a shipping provider and tracking number. The email you receive immediately after placing your order, acknowledging the details of your order, does not confirm the acceptance of your order. Once we ship the goods to you and you have been charged, the sale contract between you and Want Retail Inc. will be complete.
At any time before shipping your order, we reserve the right to not accept your order for reasons we deem appropriate, such as unsuccessfully authorizing a payment, or other.

We accept Visa, MasterCard, and American Express. Your order will be charged once we have shipped your goods. If your order contains multiple items, we will only charge you for the items we ship. Items that may have gone out of stock but were on your order will be charged when they are dispatched. By entering credit card information onto www.wantessentiels.com, you are confirming that the information you provide is valid and is authorized by the holder of the card (you) to be used. If the issuer of your payment card refuses to authorize your transaction, Want Retail Inc. is not liable for any delays in shipping or non-delivery.

 
We take reasonable care to make www.wantessentiels.com secure. All credit/debit card transactions on this site are processed using Beanstream, a secure online payment gateway that encrypts your card details in a secure host environment. We take considerable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from www.wantessentiels.com.

Prices shown on www.wantessentiels.com are automatically defaulted based on your location. Want Retail Inc. deals in USD, CND, EUR, YEN, and GBP. All prices shown on the website are excluded of taxes, duties and shipping. Currency exchange rates on product prices are determined daily and these prices are subject to change depending on the fluctuation of currency exchange rates.

If the country you are purchasing from is served as DDP, you will incur the relevant import duty and tax, which is included in the final purchase price. If purchasing from a country served as DDU, you will be charged for the items you are purchasing and their shipping costs only. The subsequent duties and tax will be invoiced to you directly by UPS or an import broker appointed to you. You may want to contact a local customs authority office to determine a landed cost price prior to completing your order.

Want Retail Inc. will offer price adjustments on first markdowns only. If an item has been reduced from its full price within seven days of your purchase date, we will credit you the difference in the original form of payment. A price adjustment request must be made to our concierge within the appropriate time frame.

Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

No additional fees are imposed on the sale of Want Retail Inc. gift cards and they do not expire, redeemable against all merchandise on the Want Retail Inc. site. Gift cards are non-transferrable and cannot be refunded or redeemed for cash. For gift card payments where the order total is less than the value of the gift card, the remaining balance will be credited to your account to use against future orders. The balance of your gift card can be checked at any time via your ‘My Account’ page. If your order total exceeds the value of the gift card, you must pay the remaining balance by credit card. For returns that were purchased using a gift card, the balance will be credited to your account as a store credit to use against future purchases. Your store credit can be checked at any time via your ‘My Account’ page. All applicable sales tax, duties, and shipping are applied to purchases made using a gift card. Want Retail Inc. is not responsible for lost, stolen, destroyed, or unauthorized use of gift cards; we reserve the right to cancel a gift card should we deem it necessary.

Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.

Want Retail Inc. is not liable for the delivery of a Virtual Gift Card to an incorrect or non-existent email address; this is the sole responsibility of the purchaser.

Promotion codes cannot be applied to the purchase of Gift Cards.

Your package will be insured by Want Retail Inc. from the moment it ships from our facilities up until the time it is delivered to the specified delivery address. Upon signing for your package, responsibility for your goods is passed onto you. For orders that are not being delivered to you, such as a gift package, a signature by the individual names at the final destination is evidence of delivery and fulfillment by Want Retail Inc., and responsibility will then transfer the same.

To ensure that you are completely satisfied with your purchase, you can exchange or return merchandise to WANT Les Essentiels de la Vie within two weeks (14 days) of the original purchase date. All sale items are final sale. All merchandise must be accompanied by the original sales receipt and must be in perfect, saleable condition with the original tag attached. Refunds will be applied to the original payment method.

WANT Les Essentiels de la Vie will not issue a refund for merchandise that does not meet the above conditions. Merchandise that has been worn, used, altered or damaged will be denied. If your returned merchandise is not accepted, for reasons we deem appropriate, you will be notified via email to the email address you provided during checkout. Within two weeks (14 days) of being notified that you are not entitled to a refund, you will have the ability to request that your merchandise be shipped back to you in the condition that it was received by our customer service, at your own cost. You have two weeks (14 days) to reply with a written request for the return of your merchandise, in which you must agree to pay for return shipping and specify the method of payment for this service. If this is not done within two weeks (14 days), you are authorizing WANT les Essentiels de la Vie to dispose of such merchandise.

All shipping charges incurred by purchasing an item online are non-refundable. WANT Les Essentiels de la Vie does not accept returns of merchandise that was not purchased online.

Faulty Goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within one year of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size and color, subject to availability. Where possible, we will offer to repair faulty items.

Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non-confidential, and shall be the property of Want Retail Inc., including worldwide rights in all intellectual properties.

We process information about you in accordance with our privacy policy. By using www.wantessentiels.com, you consent to such processing and you warrant that all data provided by you is accurate.

You may link to our home page, 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 where none exists. You must not establish a link from any website that is not owned by you. www.wantessentiels.com must not be framed on any other site, nor may you create a link to any part of www.wantessentiels.com other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use. If you wish to make any use of material on www.wantessentiels.com other than that set out above, please address your request to our concierge.

Where www.wantessentiels.com contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any and all changes made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on www.wantessentiels.com.