Terms and Conditions

Last Updated: July 2016

Carrera y Carrera Canada website (later the “Website”) is an e-commerce platform that is hosted, owned, and operated by Carrera y Carrera Canada – the only official distributor of Carrera y Carrera products (luxury handcrafted jewellery) in Canada. It has opened its first official Canadian boutique located at 138 Cumberland Street, Unit 6 (Old York Lane), in Toronto, Ontario, Canada (M5R1A6) in December 2015. The Website was launched in June 2016. These Terms and Conditions govern the use of the Website and should be carefully read and reviewed before using the Website. By accessing and using the Website, a client [generally, a “client” is an individual who receives or has the right to receive goods or services from a supplier as a result of a purchase, lease or other arrangement] accepts and agrees to be bound by and to comply with these Terms and Conditions. If a client does not accept and agree to these Terms and Conditions, then they are not authorized to continue using the Website. By accessing and using the Website, the client agrees to use it for legitimate purposes only and not for any illegal or unauthorized purpose, agrees not to use the Website to conduct any activity that would constitute a civil or criminal offence or violate any law, and agrees not to attempt to interfere with the Website’s network or security features or to gain unauthorized access to Carrera y Carrera Canada systems. By accessing and using the Website, the client also agrees to provide Carrera y Carrera Canada with accurate personal information (such as email address, mailing address, and other contact details) and to promptly update their account and information, which could be used to contact the client in accordance with Carrera y Carrera Canada’s Privacy Policy.

Updates to Terms and Conditions

Carrera y Carrera Canada reserves the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website at any time, without notice. Carrera y Carrera Canada may impose additional rules or limits on the Terms and Conditions of the Website, so clients are advised to check back regularly to keep informed about the updates. The latest version of these Terms and Conditions will always be available on the Website. Any new version of these Terms and Conditions shall take effect and will govern the use of the Website and the client’s relationship with Carrera y Carrera Canada immediately upon the date of posting. By continuing to use the Website, the client accepts and agrees to be bound by the terms of the updates and agrees that Carrera y Carrera Canada will not be liable to the client or any third party for any modification, suspension or discontinuance of the Website or for any service, content, feature or product offered through the Website. Please note that the Website may contain typographical errors or inaccuracies and may not be complete or current. Carrera y Carrera Canada reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability, and Carrera y Carrera Canada reserves the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

Client’s Personal Information

Please see Privacy Policy section to learn about how Carrera y Carrera Canada collects, uses, and shares clients’ personal information.

                                                                       Conditions of E-Commerce Sale

Customers purchasing products online through the Website or by phone through the toll-free number must read the Delivery Policy, which governs the terms and conditions of any such purchases. The provisions entitled “Limitation of Liability” below do not cover the sale of products online or over the phone, so please refer to the Delivery Policy for the relevant exclusions and limitations of liability. All purchases through the Website are subject to product availability. Carrera y Carrera Canada may, in their sole discretion, limit or cancel the quantities offered on the Website or limit the sales of its products or services to any person, household, geographic region or jurisdiction. Prices for Carrera y Carrera Canada products are subject to change, without notice. Unless otherwise indicated, prices displayed on the Website are quoted in Canadian dollars. Carrera y Carrera Canada reserves the right, in its sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If a false or fraudulent order is suspected, Carrera y Carrera Canada will be entitled to cancel the order and inform the relevant authorities.

Use of Materials on the Website

Carrera y Carrera Canada has created its Website to provide information about the brand’s products for clients’ personal use. Considerable effort has been made to ensure that the visual representations of Carrera y Carrera Canada products displayed on the Website are representative of the colour, design, style, etc. of the original products. However, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as client’s browser or computer settings. Accordingly, Carrera y Carrera Canada cannot be held liable for any apparent differences in the product images represented on the Website and the original products. It is strongly advised that, if possible, a client visits the Toronto boutique prior to making a purchase online or by phone. Unless otherwise stated, it should be assumed that everything that is seen or read on the Website (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (later “Carrera y Carrera Canada materials”) are protected by legislation such as copyright, designs and trademark legislation and under national laws worldwide. Nobody is authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare second-hand works based on the use of any Carrera y Carrera Canada materials in any way for any public or commercial purposes. Furthermore, Carrera y Carrera Canada materials may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms and Conditions, the permission to use Carrera y Carrera Canada materials will be automatically terminated and any copies made of Carrera y Carrera Canada materials will be immediately ordered to be destroyed.


Submissions and Unsolicited Communications

Any unsolicited communication or material that is sent to Carrera y Carrera Canada via the Website or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Carrera y Carrera Canada. By sending communications to Carrera y Carrera Canada, the client automatically grants Carrera y Carrera Canada a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that is transmitted may be used by Carrera y Carrera Canada for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information. Furthermore, Carrera y Carrera brand enjoys a worldwide reputation for both the design and manufacture of high quality luxury jewellery and other accessories. To this end, it possesses its own sources of creativity, in particular a highly skilled team of designers who conceive and perfect Carrera y Carrera brand’s creations. That being said, any unsolicited proposals of collaboration will not be welcomed and will be rejected.


Limitation of Liability

Carrera y Carrera Canada tries to ensure accurate and complete representation of any part of its business. However, it does not warrant or represent that Carrera y Carrera Canada materials are accurate, error-free or reliable or that use of Carrera y Carrera Canada materials will not infringe rights of third parties. Carrera y Carrera Canada does not warrant that Carrera y Carrera Canada materials or the servers that make them available are free of viruses or other harmful components. If use of the Website or Carrera y Carrera Canada materials results in the need for servicing or replacing property, material, equipment, data or other element, Carrera y Carrera Canada is not responsible for those costs. Without limiting the foregoing, everything on the Website is provided to the client “as is” and “as available”. Carrera y Carrera Canada and its suppliers make no warranties about the Carrera y Carrera Canada materials, software, text, downloads, graphics, and links, or about results to be obtained from using the Website. To the fullest extent permitted by applicable law, Carrera y Carrera Canada shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Website or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Carrera y Carrera Canada has been advised of the possibility of such damages.


Trademark Notice

In general, all trademarks, logos and service marks that appear on the Website are registered, unregistered or otherwise protected Carrera y Carrera brand trademarks. Other trademarks are owned and protected by companies other than Carrera y Carrera brand. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark without Carrera y Carrera brand’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.


Copyright Notice

All content (including Carrera y Carrera Canada Materials) on the Website is Copyright © Carrera y Carrera Canada, 2016. All rights are reserved.

                                                                              Links to Third-Party Websites
The Website may contain links to other platforms operated by third parties not affiliated with Carrera y Carrera Canada. Links from or to websites outside the Website are meant for convenience only. The inclusion of any link to such third party websites does not imply endorsement by Carrera y Carrera Canada of those websites. Carrera y Carrera Canada has not reviewed all of the content contained in the linked websites and is not responsible for the content or accuracy of any off-site pages or any other websites linked to the Website. Linking to any other website is at the client’s sole risk and Carrera y Carrera Canada will not be responsible or liable for any damages in connection with linking. Furthermore, Carrera y Carrera Canada does not authorize linking to the Website from a third party platform without its express prior written authorization.

                                                                                       General Provisions
Unless otherwise specified, the information and materials presented on the Website are presented solely for the purpose of promoting Carrera y Carrera Canada’s products and services and in certain cases to present products for sale. Carrera y Carrera Canada makes no representation that Carrera y Carrera Canada materials are appropriate or available for use in every country of the world. The client is responsible for compliance with applicable local laws, keeping in mind that access to Carrera y Carrera Canada materials may not be legal by certain persons or in certain countries. Carrera y Carrera brand’s products are available internationally. However, the Website may identify products that are not available worldwide. If any provision, or part of a provision, of these Terms and Conditions is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms and Conditions, and the legality, validity or enforceability of the remainder of the provisions of these Terms and Conditions shall not be affected, unless otherwise required by operation of applicable law. These Terms and Conditions constitute the entire agreement between the client and Carrera y Carrera Canada in relation to the use of the Website, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. The waiver by Carrera y Carrera Canada of a breach of any provision of these Terms and Conditions will not operate to be interpreted as a waiver of any other or subsequent breach.

                                                                         Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Canadian federal and provincial laws, without reference to conflict of laws’ provisions. Where the Canadian federal and provincial laws are different to the mandatory consumer laws in client’s own country, Carrera y Carrera Canada will afford the client with similar protection.

                                                                                       Contact Us

Should you have any questions or comments about these Terms and Conditions, or matters generally, please contact Carrera y Carrera Canada at the address provided below.


Carrera y Carrera Canada e-Commerce Website

138 Cumberland Street, Unit 6, (Old York Lane)

Toronto, ON M5R 1A6

Toll-Free Phone Number: +1 (844) 994-8181

Boutique Phone Number: +1 (416) 927-8181

Email: info@carreraycarrera.ca