Terms of Purchase
Last Updated: July 1st, 2015
Shipping and Shopping
If you purchase any products via this website, you must agree to Aesop’s Terms of Purchase as outlined in the remainder of this document. The information contained within this document relates to Aesop’s Canadian online store, trading under Aesop. The Terms of Purchase and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores. These can be accessed by selecting 'Shop Online' in the main menu, and choosing your region from the list that appears below. Please read these Terms of Purchase carefully as they contain important information including warranty disclaimers and limitations of liability.
Definitions and Application
In these Terms of Purchase, "Aesop" means Aesop Canada Inc. trading as Aesop, 'you' means the organisation or individual who is ordering product on the website, and the "Products" means the Aesop products which may be ordered on the website. These Terms of Purchase apply to any purchase of any Products by you from our Canadian website.
The shipping fee will be:
E2where the Order is to be delivered via Canada Post Expedited Parcel to an address within Canada:
- CAD$8.50 (plus tax) where the Product Subtotal (defined below) is less than CAD$130; and
- free of charge where the Product Subtotal is CAD$130 or greater,
- CAD$15.00 (plus tax) where the Order is to be delivered via Canada Post Xpresspost to an address within Canada; and
- CAD$30.00 (plus tax) where the Order is to be delivered via Canada Post Priority Courier to an address within Canada.
All Orders will be shipped via Canada Post. Aesop will only ship Orders to addresses within Canada.
The Delivery time will be:
- where the Order is to be delivered via Canada Post Expedited Parcel, Aesop will use reasonable endeavours to deliver the Order within 3-9 working days (Monday-Friday excluding public holidays) from the date the Order was submitted by you;
- where the Order is to be delivered via Canada Post Xpresspost, Aesop will use reasonable endeavours to deliver the Order within 2-4 working days (Monday-Friday excluding public holidays) from the date the Order was submitted by you; and
- where the Order is to be delivered via Canada Post Priority Courier, Aesop will use reasonable endeavours to deliver the Order within 1-2 working days (Monday-Friday excluding public holidays) from the date the Order was submitted by you.
To submit an order for Products (“Order”), you must:
- create an account with Aesop on this website by registering your details and creating an username and password; and
- complete and submit the online order through your Aesop account.
Aesop reserves the right to refuse any Order. In such case, Aesop will notify you as soon as reasonably practicable and refund to you any payment in full. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Aesop reserves the right to take legal action against unauthorised and unofficial sale of goods.
Prices and Payment
All prices on the website are in Canadian dollars and are exclusive of applicable taxes. Prices are subject to change without notice. The amount payable to Aesop for an Order (“Order Amount”) will be the total of the following amounts:
- the sum of the price of each Product ordered, and any applicable taxes as indicated on the website at the time of submitting the Order (“Product Subtotal”);
- the cost of delivery determined in accordance with Delivery stated above; and
- the sum of any other fees which Aesop levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
You must pay the Order Amount by credit card at the time of submitting the Order. Aesop accepts Visa, Mastercard or American Express. You hereby authorize Aesop to charge your selected credit card the amount set out as the “TOTAL” in your order summary (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes.
Without limiting Aesop's legal rights arisingfrom any failure by you to make a payment in accordance with these Terms of Purchase, Aesop reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
- withhold supply and dispose of the Products requested in the Order, and/or
- refuse to deal further with you, and Aesop will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
To the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
(Not applicable to Quebec consumers) Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Aesop for any loss or damage suffered by you as a result of Aesop breaching its obligations under these Terms of Purchase or otherwise, including in respect of tortious duty (including arising by reason of defects in the Products or negligence) is limited to a refund or replacement of the relevant Products.
(Not applicable to Quebec consumers) Subject to the following clauses and to the fullest extent permitted by law, Aesop gives no warranty and provides no conditions in respect of the Products.
For consumers, the Products may come with non-excludable warranties, conditions and guarantees under consumer protection legislation, such as that Aesop is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. To the extent permitted by law, if Aesop breaches any of these non-excludable warranties, conditions or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.
You may also have other rights of action against Aesop under consumer protection legislation.
Refunds, Exchanges and Returns
Only items purchased on the Aesop website can be returned to aesop.com for refund or exchange. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase.
Should you make an error when ordering online, Aesop will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges.
In the unfortunate event that you react to a product, you have the option of exchanging or refunding it. All items must be returned to:
1116 Yonge Street
Toronto, M4W 2L6
Subject to the requirements of applicable law, the customer is responsible for the shipping costs incurred when sending the items back to Aesop. In Canada, the shipping charge of CAD$8.50 (plus tax) will be payable if the subsequent refund reduces the original order amount to below the free shipping threshold of CAD$130 (pre-tax).
Should an item be damaged while it is being shipped to you by us, Aesop will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.
In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for Aesop to process any refund or exchange. Please telephone +1 416 532 9623 or email to email@example.com in advance of your intentions to return or exchange a product, so that Aesop staff can assist you with a smooth transaction.
Please retain your postal receipt from the provider until you are certain your parcel has been safely received by Aesop. We may need to see this if we fail to receive your package.
We will do our best to process returns within 5-10 business days of receipt and a reimbursement will be issued in the original form of payment.
Certain Canadian jurisdictions may provide you with specific cancellation rights pursuant to consumer protection legislation; Aesop will respect all such applicable laws.
If Aesop is delayedor hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Aesop will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
The parties have expressly requested that these Terms of Purchase and all documents related thereto be drafted in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. For a French version of these Terms of Purchase, click on the following link: [insert relevant link].
If any provisionof these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
These Terms of Purchase will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence requires that the laws of such province to govern, in which case the laws of such province are to govern.For Quebec residents, these Terms of Purchase will be governed by the laws of the Province of Quebec and the laws of Canada applicable therein.
The following provisions will survive the cancellation of your order: Liability; No Warranty; Refunds, Exchanges and Returns; Force Majeure; and General.
You may contact Aesop at:
+1 416 944 3136
Aesop Canada Online
880 Queen Street West
Toronto, ON M6J 1G3