These Terms and Conditions and Privacy Policy (www.exink.co ) (collectively, the “Terms”) govern the use of the website located at www.exink.co and any other website(s) owned and/or operated by EXINK (US), a Canadian company (including any of its subsidiaries or corporate affiliates and any of their associated webpages) (collectively and severally, “Website”). By accessing or using the Website, including purchasing any products through the Website, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Website; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada, the United States or another applicable jurisdiction. By accessing, using, browsing, registering with, contributing to, or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any products from the Website is subject to these Terms and all applicable laws, and is at your own risk. If you do not agree to these Terms in their entirety, you must not use the Website or any associated services. When accessing, using, or purchasing products from the Website, these Terms form a contract between the customer (“you”) and EXINK (US) LLC and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (referred to in this document as "we", "us", "our" or “EXINK” (US)” and apply to the ordering, purchase, fulfillment and delivery of products from the Website. Please take time to review these Terms carefully for our website, services, and products.

We reserve the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, we will notify you by posting the revised Terms on the Services or notifying you through the Services.

BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS.

We may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

ELIGIBILITY

To use the Website, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competent. By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes that third party’s acceptance of these Terms.
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TERMS OF SALE ; RISK OF LOSS
By placing an order for any products on the Website (“Order”), you are (i) offering to purchase the products on and subject to these Terms, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such Order is true and accurate and you are an authorized user of the payment method provided with sufficient funds for the order. The receipt by you of an order confirmation does not constitute our acceptance of an Order. We retain the right to refuse any request made by you.

Each Order you place will be a separate and binding agreement between you and us with respect to the supply of the products in accordance with these Terms.
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By placing an Order and/or using our Website, you are acknowledging agreement to andunderstanding of our privacy policy which may be viewed HERE.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Canada and the United States, and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We will not be responsible, and have no liability to you, for missed or late deliveries. THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER.
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Shipping and handling fees and applicable sales/use tax will be added by us as necessary.
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You acknowledge that all Orders through the Website are with respect to products intended for personal and domestic use only and non-commercial use.
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The colors of products will sometimes vary depending on the quality and make of the device or monitor they are being viewed on. We cannot guarantee your computer or screen will accurately display colors.
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In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
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We reserve the right to accept or reject an Order for any reason at any time.
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When placing an Order, you undertake that all details that are provided to us are true and accurate, that you are an authorized user of the credit or debit card used to place the Order, and that there are sufficient funds to cover the cost of the products.
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We reserve the right to hold an order pending credit card verification.

If our merchant bank is not satisfied with the information you provide, your order may be canceled and refunded.
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Changes to items on orders, shipping addresses or names are not permitted once an order has been placed. Further, we can refuse any amendment or cancellation of an Order at any time.
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We may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in our sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
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Products are available while supplies last. All prices and products advertised are subject to change without notice to you. All features, specifications, products, prices of products and services, discounts, promotions and offers described in relation to our Website, products, and services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
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Please see our Refund related terms below, our Shipping related terms below, and all other related sections within the Terms for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information.

PRICING

The price with respect to any products is specified on the Website (“Price”). The Price is exclusive of any delivery fees.
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Where a delivery address within Canada has been nominated, the Price includes CAD Dollars. Unless otherwise stated, all Prices are exclusive of tax and shipping and delivery costs. For customers with a delivery address outside of Canada, additional taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If products are over the relevant country’s threshold and customs entry is required, there will also be an additional administration charge from our shipping partners for handling the customs clearance. We do not cover import liabilities that may be applied by the government of the destination country. We will not accept responsibility for customs delays, duties or taxes that may apply in the destination country.

Where products are sold in other countries, applicable sales tax may apply and will be in addition to the quoted Price.
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Any currency conversion fees or rates used to determine the amount you pay for the products is determined by your credit card provider. We are not liable for any difference between the Price quoted on the Website and the actual amount charged to you for the products as determined by the fees and conversion rate used by your credit card provider.
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We reserve the right to change or alter Prices on the Website without notice to you.
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In paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any law.
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Where applicable, we will issue you with a Canadian tax invoice once payment in respect of the Order has been processed.
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While we take all reasonable precautions with respect to encrypting and securing your payments to us, we cannot guarantee the security of any transaction.

SITEWIDE SALES, REGULAR PROMOTIONAL SALES AND FINAL SALES
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Promotional sales may exclude selected products, pre-orders and the purchase of e-vouchers. The marked-down price of products in a promotion will be the displayed price unless a discount code is required, in which case the final price will display once the code has been entered correctly at checkout. Discount codes can only be applied once per person/transaction.
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If a promotional sale applies to already reduced products (mark-down items), the discount will be applied to their current sale price. You may or may not see the original recommended retail price if this is the case. The use of discount codes issued prior to a sale is not applicable on already reduced products during a sitewide sale. The conditions of a discount code will be specified at the time of issue.
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The term FINAL SALE means a sale where we impose particular conditions on change-of-mind returns and exchanges that do not apply to other regular purchases. For details see our CHANGE OF MIND RETURNS policy below. Our use of the term FINAL SALE means only that the item can only be returned by the purchaser in limited circumstances (including as required by law) and does not bind us to refrain from further selling, and/or further discounting of, the relevant item, after the then current sale has finished.
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We reserve the right to end a promotional sale at any time without notice, unless we have otherwise published a date for the sale to end.

PRICING ERRORS

We reserve the right to amend any pricing errors displayed whether due to human error, computer malfunction, or otherwise.
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Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, we shall credit your account in the amount of the incorrect price.

CANCELLATION OF ORDERS

Please carefully check that your Order (including delivery address) is accurate before you submit it as unless otherwise provided for under these Terms, no cancellations or changes will be accepted. This also applies to pre-orders, unless, at our discretion, we allow such cancellation of pre-orders (in which case the timeframe to cancel will be short).

RISK AND OWNERSHIP
THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO OUR NOMINATED THIRD PARTY DELIVERY CARRIER OR SHIPPING COMPANY.
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THIRD-PARTY LINKS, CONTENT, AND SERVICES
The Website may contain links to Third-Party content. WE HAVE NO OWNERSHIP OR INTEREST IN ANY OF THE THIRD-PARTY CONTENT POSTED OR SERVICES OFFERED TO YOU. WE DO NOT REPRESENT OR HAVE ANY AFFILIATION WITH ANY OF THE THIRD PARTIES, THIRD PARTY WEBSITES OR SERVICES ON THE WEBSITE AND HAVE NO INTENT TO CAUSE PUBLIC CONFUSION REGARDING THE SAME. IF YOU CHOOSE TO ACCESS ANY THIRD-PARTY CONTENT OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE OR OUR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

DISCLAIMER OF WARRANTIES
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY US OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION ANDMATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY PRODUCT SOLD. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT TORT.
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ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
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IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

GeoGraphic Restrictions

We, as the owner of the Website, services, and products, are based in Canada. We provide these services, products, and Websites for use only by persons located in Canada. We make no claims that the services, products or Website or any of its content is accessible or appropriate outside of Canada. Access to the services, products, or Website may not be legal by certain persons or in certain countries. If you access the services, products, or Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

Communications

When signing up with any of our membership platforms, you consent to us using your personal information, such as your email address or phone number, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions andpromotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.

By entering your phone number and subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You may opt out of receiving these direct marketing communications at any time.

Waiver

The failure by us at any time to require any performance by you of a provision of these Terms shall not affect in any way our full right to require that performance subsequently.
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The waiver by us of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of our right to avail ourselves of that right subsequently.
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Any waiver by us of a breach of these Terms must be in writing and signed by us and shall be effective only to the extent specifically set out in that waiver.

FORCE MAJEURE

If the performance of our obligations under these Terms is prevented, restricted or affected by a force majeure event or any other event beyond our reasonable control (including but not limited to strike, lockout, raw material shortage, breakdown of plant, transport or equipment), we will not be liable for any loss or damage suffered by you or any third party.

INDEMNITY

You agree to defend, indemnify, and hold us harmless (including our related companies, licensors, and service providers, and our and their directors, officers, employees, agents and contractors) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or any use not authorized in these Terms.

InTELLECTUAL PROPERTY

You agree that the Website itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under Canada and other copyright laws, and is the property of or licensed by EXINK (US), made availableon the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to EXINK (US) or other respective owners that have granted EXINK (US) the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Such Content must not be modified or altered in any way.

You are not permitted to copy, reproduce, alter, distribute, publish or use in any manner any Content on the Website other than as permitted under these Terms without our prior written and express consent. Such consent may be withheld by us at our absolute discretion.
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You must not remove any copyright or trademark notices from the content found on the Website. We make no representation or warranty to you of any kind, express or implied that our products or services will not infringe any intellectual property rights of a third party.
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DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY
Our policy is to remove, or disable access to, material that infringes any copyright residing on or accessible through our Website, services, or products after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content violates your copyright, please provide our copyright agent with the following information:

● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
● an identification of the copyrighted work that you claim has been infringed;
● a description of where the material that you claim is infringing is located on or through our Services;
● your address, telephone number, and e-mail address;
● a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
● a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

EXINK (US)
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Re: EXINK Copyright Policy
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Email: support@exink.co
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INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect through our Services and Websites is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using our Services and Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

COmpetitions

We may run competitions and promotions from time to time which may be subject to separate terms and conditions in addition to these Terms. Any additional terms and conditions will be made available on the Website. Please read all additional terms and conditions before participating in any competition or promotion. Involvement in a competition or promotion will be deemed as acceptance of these Terms and any additional terms and conditions governing the competition or promotion.

Prohibited Uses of Website

You may use the Website, our products, and services, only for lawful purposes and in accordance with these Terms. You agree not to use the Website, services, or products:

● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

● To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.

● To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, services, and products, or which, as determined by us, may harm us or users of the Website, services, and products, or expose them to liability.

Additionally, you agree not to:

● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.

● Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

● Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

● Use any device, software, or routine that interferes with the proper working of the Website.

● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is maliciousor technologically harmful.

● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database connected
to the Website.

● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

● Otherwise attempt to interfere with the proper working of the Website, products and services.

ARBITRATION

If a dispute arises under these Terms, you and EXINK (US) agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in Canada. Note that if either you or EXINK (US) reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
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Any costs and fees related to the mediation or arbitration (other than attorney fees) shall be shared equally by you and EXINK (US). If it proves impossible to arrive at a mutually satisfactory solution, you and EXINK (US) agree to submit the dispute to binding arbitration in Canada to be conducted on a confidential basis under the rules of JAMS or a similar dispute resolution service. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs and expenses and shall include a written determination of the arbitrator(s). An award of arbitration shall be final and binding on you and EXINK (US) and may be confirmed in a court of competent jurisdiction. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CAN NOT AFFECT OTHER USERS.

GOVERNING LAW AND jurisdiction

These Terms contained herein shall be governed by and construed in accordance with the laws of New Brunswick Canada. You agree that any claim or dispute that has arisen or may arise between you and EXINK (US) must be resolved exclusively by a state or federal court located in New Brunswick Canada You and EXINK (US) agree to submit to the personal jurisdiction of the courts located within New Brunswick Canada for the purpose of litigating all such claims or disputes

SERVERABILITY

The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

MODIFICATION/TERMINATION OF SERVICES

In the event of termination of the Website, services, or products, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. EXINK (US) shall not be liable to you or any third party for any termination of your access to the Website, services, or products or any portion thereof.

ENTIRE AGREEMENT

These Terms and Policies constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing and signed by all parties.

VIOLATION OF THESE TERMS

You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

RETURNS

PLEASE CAREFULLY READ THROUGH ALL RETURN TERMS AS YOU ARE AGREEING TO THESE TERMS WHEN YOU MAKE A PURCHASE FROM OUR WEBSITE. Please reach out to support@exink.co if you have additional questions or need help completing a return.

FINAL SALE/MARK DOWN SALE ITEMS

All sale items and items purchased during promotional periods are final sales and ineligible returns. An item is considered a final sale when it is in the 'Sale' section and shows a permanently marked-down price.

We will accept a return within 30 days of purchase and provide you with a credit note or refund in accordance with this returns policy and terms. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and reattached. The following items cannot be returned for change of mind reasons only (unless it’s a Deficient Product, as defined below):
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● e-vouchers and gift cards.
● products marked “final sale” when purchased.
● underwear, lingerie, bodysuits, products that have inbuilt underwear sewn into them, and
swimwear (including one-pieces and sets) if supplied with an original hygiene sticker where
that has been subsequently removed or displaced.
● any products that have a T-string cut or are marked “final sale”.
● products returned in a condition other than their original condition.
● products returned without their tags attached.
● products not in their original packaging.
● products that appear to have been worn, the smell of perfume, smoke, deodorant or body odour.
● products that are marked or damaged in any way, including, fake tan, deodorant or
makeup.

For the avoidance of doubt, returns of Deficient Products, as defined below, are not restricted in the above way and are dealt with below.
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Shipping costs are not refundable for change-of-mind returns and you are responsible for the costs of shipping the products back to us.
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Returns are usually processed within 3 business days of receipt and you’ll receive an email detailing your return once this has been completed.
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Our returns department has the right to refuse any returned item (not being a Deficient Product, which is dealt with below) that does not meet the original condition, in which case we may require you to pay our reasonable postage costs before we return the item to you.

RETURNS PROCESS

To request a return for an eligible item, please head to our returns portal by clicking on the button and following the prompts. Once you’ve submitted your return request, we will contact you with details of your return so that you can send your eligible item(s) back to us. The Customer must include their order confirmation email & completed returns form within their return parcel.

DEFICIENT PRODUCT RETURNS
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All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. However, if the Customer discovers that a Good is faulty or damaged (“Deficient Product”), the Customer must notify us within a reasonable time frame. If we inspect the Goods and confirm that there is a fault, we will accept the return and provide you with an exchange, repair, credit note or refund (at your election) using your original payment method. However, we reserve the right not to offer a credit note, exchange or refund where the goods have become of unacceptable quality a result of your misuse, damage or neglect.

If you believe an item you've purchased from us is a Deficient Product, contact us at support@exink.co with (if applicable) images and other descriptions of the fault or deficiency.

Deficient Products can be returned within a reasonable timeframe (the length of which may depend on the circumstances) subject to proof of purchase (or where we have details of your purchase in our system).
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Once you’ve submitted your return request, we will contact you with details of your return so that you can send your item(s) back to us. Deficient Product returns are usually processed within 3 business days of receipt and you’ll receive an email detailing your return once this has been done.
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We will cover the packaging and postage costs associated with you returning a Deficient Product. However, you are liable for any delivery costs if we reasonably determine that the returned product does not meet the criteria for being a Deficient Product.

CREDIT NOTE AND REFUNDS

All returned orders will at our option, be issued with either a credit note or refund to the value of the item(s) returned, less any shipping costs (other than Deficient Product, where we will be responsible for these costs and will provide a refund where you request it instead of a credit note).

LOST OR STOLEN RETURNS

Please note, we are not responsible for lost, stolen or undelivered returned parcels. Once you purchase an item, the risk of loss and title for the item passes to you upon our delivery of the product to the carrier for initial delivery. For more information, please read the “TERMS OF SALE; RISK OF LOSS” section of our Terms.

SHIPPING

Delivery times are quoted in business days for metro areas only and are estimates. Such estimates are not contractual commitments.

During sale periods, please allow additional time to receive your order.

Shipping times are provided by our couriers and can vary depending on shipping location and other external factors.

TO THE EXTENT PERMITTED BY LAW, EXINK (US) WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES TO THE CUSTOMER OR ANY THIRD PARTY FOR FAILING TO MEET A DELIVERY ESTIMATE.
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For international orders, the displayed product costs and delivery fees do not include taxes and duties which may be applied by customs or postal authorities in the country of delivery (see below for more information).
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We make every effort to ship all orders on the same day. Orders placed after 12pm PDT , on weekends or public holidays will be attempted to be processed the following business day. You will receive a shipping confirmation email as soon as the order has been dispatched. You can also select to receive updates by SMS at checkout after you place your order.
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In the event that you do not receive your order within 15 business days of placement, please contact us at support@exink.co.

DELIVERY METHOD

All orders are shipped via UPS from Canada. Orders sent express via UPS use a signature service and can be tracked here. If delivery is attempted while no one is home the courier will leave a card in your letterbox or attempt to contact you to arrange a re-delivery. We recommend providing a business address to ensure your order is signed for when delivery is attempted.

Please note, if you request your delivery method be updated to a different address or provide UPS with the authority to leave, you are waiving your right to any form of reimbursement or re-delivery if your order is not delivered, stolen or lost. We do not recommend changing your delivery method from our signature service.
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**We reserve the right to amend delivery methods without notice.

CURRENCY CONVERSIONS

Currency conversions are estimates only and the total amount you are charged will depend on the exchange rate and processing fees your bank charges you. Your order total will display in CAD at checkout (even where you are using our currency converter to view prices in your local currency) and all order confirmation emails and invoices will display CAD. The conversion rate you are charged will be decided by your bank. While most exchange rate systems are very similar, we can’t guarantee the exchange rate we are using to display an approximate price to you on our site will be the same exchange rate that your bank uses when processing your transaction.

INTERNATIONAL TAXES & DUTIES

You may be charged import duties and taxes by your local customs authority when your parcel is received in your country. Duty rates vary depending on the value of the goods, what they are made of and where they are made. Importantly, all countries have different rules regarding this so we are unable to tell you exactly what duties you may be required to pay as this is determined on import by local customs officials. As you may be required to pay duties or import tax, it is your responsibility to make yourself aware of the duties that apply in your country in case you are charged to avoid any surprises. We have highlighted some customs websites to refer to before purchasing below.
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Please note, if you decide not to pay import taxes or duties and choose to reject the parcel, a restocking fee and any shipping and delivery costs will be deducted from your refund.

FREE SHIPPING THRESHOLDS

Please note, that free shipping thresholds only apply to the order after discount codes have been applied and before shipping costs are added i.e. the amount spent on items in your order (excluding any shipping costs) must exceed our minimum spend in order to qualify for free shipping.

SALE PERIODS & PUBLIC HOLIDAYS

Due to the huge response we receive during sale and promotional periods, there are times when we will be unable to ship your order the following business day. Please allow additional days for the processing of your order during sale times, as well as any public holidays when our dispatch center is closed.

EDITING ORDERS & ADDRESSES

Changes to items on orders, shipping addresses or names are not possible once an order has been processed. Please check your billing and shipping information carefully before you place your order as our dispatch team processes orders quickly.

HOW TO CONTACT US

If you have any queries or would like more information about these Terms or any of our Policies, contact our customer service team via support@exink.co