Terms and Conditions
Welcome to the C. & J. Clark Canada Limited (“Clarks”) website, located at clarkscanada.com (the “Site”). Please carefully read and review the following terms and conditions (collectively, the “Terms”), as they govern your use of our Site. By accessing our Site, you agree to abide by these Terms. If at any time you do not agree to these Terms, please refrain from entering or using our Sites.
YOUR USE OF THE SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS
GENERAL USE AND CHANGES TO OUR SITE
Many of the products displayed on our Site can be found in Clarks licensed stores and in the stores of our authorized retail partners in Canada. In certain instances, merchandise may be available for purchase exclusively through our Site. Products are subject to availability, as some of the displayed merchandise may be out-of-stock, discontinued, or unavailable in your size. Clarks does not represent or warrant that any products displayed on our Site will be available, through the internet or in any of our licensed or approved stores, at any specific time.
MAKING PURCHASES THROUGH THE SITE
You may only make purchases (each an “Order”) through the Site if you are over the age of legal majority in your jurisdiction of residence.
All Orders made through the Site are subject to these Terms, as well as any other applicable terms and conditions outlined on the Site relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels.
You have a legal obligation to pay for any Orders indicated to be made by you. In order to complete an Order through the Site, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order. By completing an Order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method.
You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping or other charges. Taxes may depend on delivery location.
Clarks reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order. Clarks reserves the right, in its sole and absolute discretion, to change the prices offered on the Site at any time, including without limitation, items that have been placed in your Cart.
All prices are quoted in Canadian dollars and subject to change. In the event of any typographical pricing errors, omissions, or inconsistencies, Clarks reserves the right to refuse or cancel any Orders placed for products incorrectly priced, regardless of whether your credit card has been charged or a confirmation was sent. In the event that your credit card was charged for the incorrect amount and your Order is cancelled, Clarks will reimburse your credit card for the full incorrect amount you were charged.
OUR RIGHTS REGARDING ORDERS
Clarks reserves the right to limit Order quantities, or to outright refuse Orders, without reason or prior notice. In the event such limitation or refusal occurs, we will attempt to get in touch with you using the contact information you provided to us. Customers of our Site are not authorized to purchase any items for resale purposes, nor are customers permitted to resell any products purchased through our Site. Orders placed by unauthorized vendors or resellers will not be honored.
Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order with or without notice. These restrictions may include Orders placed by or under the same account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
VERIFICATION OF ORDERS
All Orders are subject to verification by Clarks at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Clarks): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of these Terms.
Purchases will only be shipped to a valid mailing address in Canada, (as determined by Clarks in its sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your Order. We further reserve the right not to offer expedited or other forms of shipping.
The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control.
Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.
To view our Return & Exchange Policy, please Click Here.
Clarks has made every effort to accurately display the colours of our products. The settings on your computer and the monitor that you use may affect the actual colour that is displayed, and as such, we cannot guarantee that the colours you see will be accurate.
All trademarks, service marks, trade names and logos found on our Site are trademarks or registered trademarks of Clarks, our affiliates, or independent third parties whose materials or technologies we legally integrate into various products found on our Site, or whose services we utilize to support our business operations. Clarks retains all rights in our trademarks and other intellectual property, as outlined by Canadian trademark laws and applicable international laws and treatises.
No license or right to use any of Clarks’ trademarks, service marks, trade names or logos is granted to you as a result of your visitation to our Site or agreement to these Terms. You agree not to use Clarks’ trademarks or other intellectual property in any manner without Clarks’ prior written authorization. Any unauthorized use of our trademarks or other intellectual property is strictly forbidden, and may result in legal liability.
COPYRIGHT INFRINGMENT COMPLAINTS
Clarks respects the intellectual property rights of third parties. If you believe that anything on our Sits infringes upon any copyright which you own or control, please notify our legal department by providing them with the following information, in its entirety:
- physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work or works that you claim have been infringed;
3. A description of where on our Site we can find the work or works that you claim have been infringed;
4. Your name, address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law;
6. A statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner who has allegedly been infringed.
All notices should be sent to:
Clarks Americas, Inc.
Attn: Legal Department
60 Tower Road
Waltham, MA 02451
Please note that by sending the above information you are only notifying Clarks of any alleged infringements, you are not commencing any legal proceedings or claims.
The collective content of our Site, including without limitation any design, text, pictorial or graphic components, is protected under Canadian copyright laws. All content is provided solely for your personal and non-commercial use. Any commercial or derivative use of our Site is strictly prohibited, and this includes without limitation the distribution, modification, publication, sale or public display of any content obtained from our Site. Clarks reserves the right to protect our intellectual property and Site contents to the fullest extent afforded to us by the law.
USER GENERATED CONTENT
You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our Site (“User Generated Content” or “Content”), and for any consequences that result from such submissions. Clarks expressly disclaims any and all liability in connection with User Generated Content.
All User Generated Content submitted to our Site shall be deemed non-proprietary and non-confidential. Clarks shall be free to use, reproduce, copy, translate, adapt, transmit, edit, modify, publish, publically display, incorporate, exploit, develop, create compilations and derivative works from and distribute and otherwise use such Content and any ideas contained therein, without restriction or cost and through any medium now known or later developed. Clarks does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or for anything else related to our company (“Business Ideas”). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Clarks without restriction and without compensating you in any way. You are solely responsible for ensuring that the Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties.
For greater certainty, and without limiting the foregoing, by submitting User Generated Content, you hereby: (i) grant to Clarks a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to use, reproduce, copy, translate, adapt, transmit, edit, modify, publish, publically display, incorporate, exploit, develop, create compilations and derivative works from, and distribute and otherwise use, any and all User Generated Content (in any format or media) that you post on, upload or otherwise submit to or through, a Site; and (ii) waive all moral rights in and to all User Generated Content that you post on, upload or otherwise submit to or through, a Site in favour of Clarks and anyone authorized by Clarks to reproduce or otherwise use such Content.
Clarks reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Clarks may monitor and review the Content submitted to our Sites, but we are under no obligation to do so. You understand that by accessing our Sites you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Clarks be liable for any User Generated Content or for any damages resulting from such Content. Clarks does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein.
Clarks expressly prohibits certain conduct on our Site. Any and all illegal, tortious, or otherwise unauthorized acts associated with your use of our Site will not be permitted. The following provides a list, without limitation, of conduct which is forbidden. All users of our Site agree not to, as may be determined by Clarks in its sole and absolute discretion:
- Partake in any harassing, abusive, obscene, or otherwise intimidating conduct, whether through electronic or oral communications.
- Provide false or inaccurate information, regardless of whether it is your own or that of a third party.
- Interrupt, compromise, or otherwise interfere with our Site, or attempt to perform such acts.
- Access, or attempt to access, any data or other information which is not your own by way of entering into a secure Clarks server, account, file, or database. Any breach of security, whether successful or attempted, may result in criminal or civil liability.
- Upload or transmit any viruses, corrupted files or links, or any data which could potentially damage our Site, software, or equipment, or those of any third party.
- Post or submit User Generated Content which is unlawful, libelous, fraudulent, threatening, pornographic, obscene, defamatory, infringing of intellectual property rights, soliciting of business or services, or otherwise offensive to any third party.
- Post or submit User Generated Content in an excessive, disruptive, or repetitive manner.
- Access or use the member account of any third party, or attempt to perform such acts.
Clarks allows you the option of becoming a registered member of our Site through the “My Account” feature. In order to set up your personal account, we require that you create a personal and confidential password, which must be reproduced every time that you log in. You are responsible for protecting the confidentiality of your password and maintaining control over who has access to your account. You agree to accept sole responsibility for any and all activities that occur under your account. In the event that your account has been compromised and your password wrongfully obtained, please notify Clarks immediately.
Certain third-party websites may contain links to our Site. Clarks does not endorse any websites which offer links to our Site, nor are we affiliated with any such websites. In the event you have accessed our Site by clicking a link from a third-party website, please understand that your visitation and use of our Site is governed by these Terms, not those of the third party website from where you came.
Our Site is owned, and intended to be used, from within Canada. Clarks does not represent or warrant that the materials found on our Site are appropriate for use outside of Canada. In the event you choose to access our Site from outside of Canada, you do so on your own accord and in full recognition of any local laws, regulations, or restrictions that may apply.
DISCLAIMER OF WARRANTIES
Our Site, and the services that they herein provide, are provided “as is” and without warranties of any kind. Clarks expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and any warranties of title or non-infringement. Clarks does not represent or warrant that our Site, or their function, downloadable materials, contents or any services that they herein provide, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Clarks is not responsible for any damages incurred as a result of your use of our Sites, as your visitation and use of our Site is done at your own risk.
In the event your jurisdiction does not allow for a disclaimer of implied warranties, the abovementioned disclaimer may not apply to you.
LIMITATION OF LIABILITY
You assume all responsibility and risk associated with your use of our Site. To the fullest extent permitted by law, under no circumstances will Clarks, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages related to the use of our Site or any linked websites, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, website malfunctions, or other performance-related failures of our Site, personal injuries to you or any third party, or any other tangible or intangible losses or damages related to your use of the Sites.
You agree to indemnify, defend, and hold harmless Clarks, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, arising from or relating to your use of our Site, violation of these Terms, or violation of any third party rights. Clarks reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, regardless of whether the matter qualifies for an indemnity. In the event Clarks takes control of such litigation, you agree to cooperate and participate as needed in the defense of such matters.
JURISDICTION/CHOICE OF LAW
These Terms are governed by the federal laws of the Province of Ontario, without giving effect to any conflict of law provisions. All disputes or other actions arising from these Terms shall be adjudicated entirely in the courts in the Province of Ontario.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Changes to these Terms
We reserve the right, in our sole discretion, to modify or update the entirety of these Terms, or any portion of them, at any time and from time to time. We will notify you of any changes to these Terms by notice on this Site at least thirty (30) days before the modification comes into effect. In addition, if you have created an account, where required by law, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days before the change comes into effect (or such longer period as may be required by applicable law) and will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. To the fullest extent permitted by law, as your sole remedy and where required by law, you may refuse the modification and rescind, or cancel the this agreement without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms, as modified.
Your continued use of this Site following notice of such change means that you agree to and accept these Terms as amended. If you do not agree to any modifications of these Terms, you must immediately stop using this Site.
CONFLICT OF TERMS
In the event there is a conflict or inconsistency between the provisions of these Terms and any other Clarks policies, notifications, or terms and conditions, the other policies, notifications, or terms and conditions which are specific to a particular product, service, contest or section of our Sites shall govern your use of that specific section.
These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Clarks.
This agreement, and these Terms, will remain in effect until terminated by either party. You or Clarks may terminate this agreement at any time, with or without notice. Clarks consequently reserves the right to deny, block, or prevent your access to our Sites or any portion of our Sites for any or no reason at all, and for as long as we deem necessary.
In the unlikely event that a problem occurs with respect to your use of this Site and these Terms, Clarks would like to address your concerns without needing a legal case or proceeding. Before initiating a legal case against Clarks, we ask that you work with us to resolve the dispute informally by contacting our Consumer Services department.
Online: Click here to contact us
Phone: (800) 607-2100
Mail: C. & J. Clark Canada Limited
2881 Brighton Road
Oakville, Ontario L6H 6C9
Last Updated: June 3, 2019