Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Brown Boutique. The terms “we”, “us” and “our” refer to Brown Boutique, operated by Liberty & Co. Brown Boutique operates this online store and website, including all related information, content, features, tools, products and services provided to you (collectively, the “Services”).

Our store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when using our Services.

Please read these Terms carefully. By visiting, accessing, interacting with or purchasing from Brown Boutique, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not use our Services.

Nothing in these Terms is intended to exclude, restrict or limit any rights or remedies that cannot lawfully be excluded under applicable Canadian consumer protection legislation.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you represent that you have reached the age of majority in your province or territory of residence, or that you have the consent of a parent or legal guardian where required by applicable law.

When browsing our store or placing an order, you may be required to provide information including your name, email address, billing information, payment details and shipping address.

You agree that all information you provide is accurate, current and complete.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for all activity carried out through your account. You may not sell, transfer, assign or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to display and describe our products as accurately as possible.

However, colours and product appearance may vary slightly depending on your device, screen settings, lighting and other display conditions.

Product measurements and sizing information are provided as guidance. Where applicable, customers should review the size guide provided on the relevant product page before placing an order.

We reserve the right to update product descriptions, availability and other product information where necessary.

We may discontinue products or limit quantities available to customers, geographic regions or jurisdictions where reasonably necessary.

Nothing in this section limits any statutory rights you may have under applicable Canadian consumer protection law.

SECTION 3 — ORDERS

When you place an order through Brown Boutique, you are submitting an offer to purchase the products in your order.

Your order is subject to acceptance and product availability. An order is considered accepted once payment has been successfully processed and we have confirmed your order.

Please review your order carefully before submitting it.

If we are unable to accept or fulfil an order, we may cancel the order and issue any applicable refund to the original payment method. Where reasonably possible, we will notify you using the contact information supplied with your order.

Returns and refunds are handled in accordance with our Refund Policy, subject always to any mandatory rights available to you under applicable law.

Products purchased through Brown Boutique are intended for personal or household use unless otherwise agreed.

SECTION 4 — PRICES, CURRENCY AND BILLING

Prices displayed to customers shopping in Canada are shown in Canadian dollars (CAD), unless clearly stated otherwise.

Prices, promotions and discounts may change without prior notice. The price applicable to your purchase is the price displayed at checkout when your order is placed.

Any applicable shipping costs, taxes or other charges will be disclosed before you complete your purchase where required.

Brown Boutique currently offers free standard shipping to eligible Canadian delivery addresses where stated on the website.

You agree to provide accurate and complete billing, payment and contact information.

You represent that you are authorized to use the payment method provided for your purchase.

We reserve the right to correct genuine pricing or billing errors. If an error affects an order that has already been placed, we will contact you where appropriate and provide any remedies required by applicable law.

SECTION 5 — SHIPPING AND DELIVERY

Brown Boutique currently ships to eligible addresses within Canada.

Estimated processing and delivery times are provided in our Shipping Policy and may vary depending on destination, carrier operations, customs processing, weather conditions and other circumstances outside our reasonable control.

Delivery estimates are estimates and are not guaranteed unless expressly stated otherwise.

Tracking information will be provided where available.

We will take reasonable steps to assist customers with delivery issues. Nothing in this section limits any rights or remedies you may have under applicable Canadian consumer protection legislation.

For full information regarding processing times, estimated transit times, tracking and shipping conditions, please review our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

The content available through Brown Boutique, including our website design, text, graphics, logos, photographs, videos, branding and other materials, is owned by or licensed to Brown Boutique, Liberty & Co or the relevant rights holder and is protected by applicable intellectual property laws.

The Services are provided for your personal and non-commercial use.

Unless permitted by applicable law or authorized by us in writing, you may not reproduce, distribute, modify, republish, commercially exploit or otherwise use protected content from the Services.

The Brown Boutique name, logo and related branding may not be used without prior written permission where such permission is legally required.

Shopify's names, logos and trademarks belong to Shopify or its applicable affiliates. Other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, applications or services offered by third parties.

We do not necessarily control or monitor these third-party tools.

Your use of third-party tools may be subject to separate terms and privacy policies provided by the relevant third party.

To the extent permitted by applicable law, Brown Boutique is not responsible for third-party tools or services that are outside our reasonable control.

We may introduce new features, tools or resources in the future. Unless otherwise stated, such features will form part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to third-party websites, services or resources.

These third-party websites are operated independently from Brown Boutique. We are not responsible for their content, availability, security, privacy practices or accuracy.

If you choose to access a third-party website, you should review its applicable terms, policies and practices.

Questions or disputes relating specifically to products or services purchased directly from a third party should generally be addressed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Brown Boutique is powered by Shopify, which provides the e-commerce technology used to operate our online store.

Any purchase you make from Brown Boutique is made directly from Brown Boutique and not from Shopify.

Shopify is not the seller of products purchased from Brown Boutique.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, losses or damages arising solely from products sold directly by Brown Boutique.

Nothing in this section limits rights that cannot lawfully be excluded or restricted.

SECTION 10 — PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted through Shopify, Shopify may collect and process certain personal information necessary to provide and improve the e-commerce Services.

Information may also be processed by service providers located outside your province, territory or country. Where applicable, such information may therefore be subject to the laws of the jurisdiction in which it is processed.

Please review our Privacy Policy for information about how personal information is collected, used, disclosed, retained and protected, as well as information about your privacy rights and choices.

SECTION 11 — REVIEWS AND FEEDBACK

If you voluntarily submit a review, suggestion, comment, photograph, idea or other content (“Feedback”), you grant Brown Boutique a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and distribute that Feedback for legitimate business purposes, including operating and promoting our Services, subject to applicable law.

You represent that you have the necessary rights to submit the Feedback and that it does not infringe the rights of another person.

Reviews must reflect genuine experiences and must not contain knowingly false, unlawful, abusive, defamatory, infringing or misleading content.

If compensation or another incentive was provided in connection with a review, any disclosure required by applicable law must be made.

We may moderate or remove Feedback where reasonably necessary and permitted by law.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, availability, shipping charges or estimated delivery times.

We reserve the right to correct errors and update inaccurate information.

If an error materially affects an order you have already placed, we will take reasonable steps to notify you and provide any remedies required under applicable law.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use the Services to:

  • violate applicable federal, provincial, territorial, local or international laws;

  • infringe intellectual property or privacy rights;

  • transmit malicious software, viruses or harmful code;

  • impersonate another person or entity;

  • submit fraudulent, false or deliberately misleading information;

  • harass, threaten or abuse another person;

  • interfere with the security or proper operation of the Services;

  • collect personal information unlawfully;

  • conduct unauthorized scraping, automated extraction or similar activities; or

  • use the Services for fraudulent or otherwise unlawful purposes.

We may restrict or terminate access to the Services where reasonably necessary because of a violation of these Terms or applicable law.

SECTION 14 — AUTOMATED SYSTEMS AND AGENTS

Automated systems, bots, agents or similar technologies accessing Brown Boutique must comply with applicable law and may not attempt to circumvent technical security measures, access restrictions, CAPTCHAs or other controls implemented to protect our Services.

We may limit automated access where reasonably necessary to protect the security, integrity and availability of our website and Services.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services where permitted by applicable law, including where a user materially violates these Terms, engages in fraudulent activity or threatens the security or integrity of our Services.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature are intended to survive termination will remain effective after termination.

SECTION 16 — WARRANTIES

We aim to provide accurate product information and reliable Services.

However, to the extent permitted by applicable law, we do not guarantee that the website will always be uninterrupted, completely error-free or continuously available.

Any limitations or exclusions contained in these Terms apply only to the extent permitted by applicable law.

Nothing in these Terms excludes, restricts or modifies any statutory warranty, condition, guarantee or consumer right that cannot lawfully be excluded, restricted or modified under applicable Canadian law.

SECTION 17 — LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Brown Boutique, Liberty & Co and our respective service providers, employees, contractors and affiliates will not be liable for indirect, incidental, special or consequential losses arising from your use of the Services where such liability may lawfully be limited.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Nothing in this section limits any mandatory consumer rights or remedies available under applicable Canadian federal, provincial or territorial law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify Brown Boutique and Liberty & Co against reasonable third-party claims, losses or expenses arising directly from your unlawful use of the Services, your material violation of these Terms or your infringement of another person's legal rights.

This obligation does not apply to the extent that a claim results from our own acts, omissions or legal responsibilities.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, where necessary, severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies incorporated by reference, constitute the agreement governing your use of the Services, subject to any rights and obligations imposed by applicable law.

Nothing in these Terms is intended to override mandatory consumer protection rights.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer our rights and obligations where permitted by law, provided that doing so does not unlawfully reduce your rights as a consumer.

SECTION 22 — GOVERNING LAW

Brown Boutique is operated by Liberty & Co, a business registered in the Netherlands.

These Terms are governed by the laws applicable to Liberty & Co in the Netherlands, without prejudice to any mandatory consumer protection rights that apply to you in your province or territory of residence in Canada.

Nothing in these Terms is intended to deprive Canadian consumers of mandatory rights or remedies available under applicable federal, provincial or territorial law.

Any dispute will be handled in accordance with applicable law and the jurisdiction rules that legally apply to the parties.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You can review the current version of these Terms at any time on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices or applicable legal requirements.

Where required by law, we will provide appropriate notice of material changes.

The version of the Terms applicable to a purchase will generally be the version in effect when that purchase was made, subject to applicable law.

SECTION 25 — CONTACT INFORMATION

If you have questions regarding these Terms of Service, please contact us:

Store name: Brown Boutique
Registered business name: Liberty & Co
Chamber of Commerce (KvK): 82579350
VAT number: NL003700698B02
Business address: Bartholomeodiazstraat 8, 6413 SK Heerlen, The Netherlands
Email: info@brown-boutique.com
Customer service hours: Monday–Friday, 09:00–18:00 ET

Brown Boutique currently serves customers in Canada through brown-boutique.com.