Terms Of Service

OVERVIEW
Last reviewed: December 10, 2024
This website is operated by Ivory Sheep Collection Limited, also doing business as Ivory Sheep Collection or Ivory Sheep, a company dedicated to offering slow fashion, with a focus on ethical production and size inclusivity. Throughout the site, the terms “we,” “us,” and “our” refer to Ivory Sheep. Ivory Sheep offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). In Canada, you further agree to comply with applicable federal, provincial, and territorial laws, including the Canadian Copyright Act and the Personal Information Protection and Electronic Documents Act (PIPEDA).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to Canadian human rights legislation and other applicable laws.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. All data transfer, including personal information, is subject to applicable Canadian privacy laws and PIPEDA.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, subject to the Ontario Consumer Protection Act and applicable Canadian laws.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which is governed by the Canadian Consumer Protection Act and Provincial Sales Acts.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances (including Canadian provincial laws); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ivory Sheep, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ivory Sheep, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including any applicable Canadian, USA and International laws.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for any disputes arising out of or relating to these Terms of Service or the provision of Services.

SECTION 19 - INTERNATIONAL ORDERS AND CONSUMER RIGHTS

Ivory Sheep is a Canadian company incorporated in the Province of Ontario, operating under Canadian federal and provincial laws. All purchases made through our website, including international orders, are deemed to take place in Ontario, Canada.

By placing an order with us, including from outside Canada, you acknowledge and agree to the following:

• You consent to the exclusive application of the laws of the Province of Ontario and the federal laws of Canada applicable therein, and waive any right to rely on consumer protection or return/refund laws in your own jurisdiction, to the extent permitted by law.

• You agree that any disputes, claims, or legal proceedings related to your purchase, our website, or our Services shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

• Where permitted by applicable laws in your jurisdiction, you waive your statutory right to a refund or cancellation period and agree to abide by our Return Policy, which provides store credit only for eligible returns.

• Pre-orders are unable to be cancelled once submitted. If eligible for return, pre-orders may be exchanged for store credit in accordance with our return policy.

• Return shipping costs, duties, and fees are the customer’s responsibility, and will be deducted from any store credit issued. We do not reimburse or cover these charges.

• If a shipment is refused or returned to sender, all associated costs (including but not limited to shipping, duties, taxes, and administrative fees) will be deducted from the value of the store credit issued, if any.

By completing a purchase on our website, you expressly agree to these terms and acknowledge that you are entering into a transaction governed by Canadian law. You further confirm that you have read, understood, and accepted the terms of our Return Policy, including our policy on refunds and exchanges.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If any such modifications are not acceptable to you, your only remedy is to cease using the Service.

SECTION 21 - PRE-ORDERS, MADE-TO-ORDER & BESPOKE GARMENTS

By purchasing a pre-order, made-to-order, or bespoke item from Ivory Sheep, you acknowledge and agree to the following terms, which supersede any conflicting provisions of consumer protection laws to the extent permitted under Canadian and international law.

Pre-Orders

• All pre-orders cannot be cancelled once placed. Upon purchase, the item is immediately allocated for production and reserved for you.

• Pre-ordered items are eligible for return only for store credit, if they meet return conditions upon delivery.

• Estimated timelines for pre-order deliveries are subject to change. Delays due to manufacturing issues, supply chain disruption, customs processing, or shipping carrier delays do not qualify for order cancellation or refund.

• Ivory Sheep reserves the right to modify or cancel pre-order items at any time, especially if minimum production thresholds are not met. In such cases, customers will receive a full refund to their original payment method.

• Pre-order prices are subject to change. As our brand operates in small batches and production costs may fluctuate (due to inflation, material costs, labor, etc.), an item previously offered for $350 may be offered at $450 in the future. Price changes will not apply retroactively to previous orders.

• Pre-order items are limited edition and typically not restocked.

Made-to-order

• Made-to-order garments are final sale and non-returnable.

• These pieces are created specifically to your measurements, specifications, or requests and cannot be restocked or resold.

• Production timelines and shipping estimates may vary and are not guaranteed.

• Changes to measurements or specifications must be submitted within 24 hours of purchase and are not guaranteed to be accommodated.

Bespoke

• Bespoke pieces are one-of-a-kind or extremely limited edition garments, often available in only one per size.

• These items are never reproduced identically and are considered collector garments.

• All bespoke items are final sale, and not eligible for return, exchange, or store credit.

By purchasing any pre-order, made-to-order, or bespoke item, you understand and agree that your order is custom-reserved, subject to variable timelines and production thresholds, and may differ in pricing over time. You waive your right to cancel or refund such purchases, except where required by Ontario law.

SECTION 22 – PAYMENT METHODS & CURRENCY

All transactions on the Ivory Sheep website are processed in United States Dollars (USD) as our store's base currency.

Customers may browse and checkout in their local currency where available; however, site prices update daily based on real-time currency exchange rates relative to the USD. Due to this, product prices may fluctuate slightly from day to day. The final amount charged at checkout will reflect the current exchange rate at the time of purchase and will be clearly indicated before you complete your order.

We accept the following forms of payment:

• Major debit and credit cards: Visa, Mastercard, American Express (AMEX), Discover

• Apple Pay, Google Pay, and Shop Pay

• Buy Now, Pay Later options through Sezzle, subject to approval by Sezzle

All payments are processed securely. By completing a purchase, you confirm that you are authorized to use the selected payment method and that the payment information provided is accurate and valid.

We reserve the right to refuse or cancel any order if fraudulent, suspicious, or unauthorized activity is detected. If your payment is declined or flagged, our customer support team may reach out for additional verification. Orders suspected of fraud will not be processed until cleared.

Please note: Depending on your location and issuing bank, you may be charged a foreign transaction or currency conversion fee. These fees are issued by your bank or card provider and are not under our control. We recommend checking with your provider if you are unsure.

If you believe there has been a billing error, please contact us at info@ivorysheep.com within 7 days of the charge so we can promptly review and resolve the issue.

SECTION 23 – PRODUCT DESCRIPTIONS, COLOURS & VARIATIONS

We make every effort to ensure that all product descriptions, measurements, colors, and images on our website are accurate and up to date. However, Ivory Sheep does not warrant that product descriptions or other content is error-free, complete, current, or without inaccuracies. From time to time, there may be slight discrepancies between the description and the final product received.

Due to the nature of small-batch and artisan production, variations can occur in print placement, color dye lots, trims, and fabric texture. These are not considered defects.

Additionally, product colors may appear differently on screen depending on your device settings, screen calibration, and lighting. We do our best to photograph items in natural light and provide accurate visuals, but we cannot guarantee that your device will display them exactly as they appear in person.

By purchasing from Ivory Sheep, you acknowledge and accept these potential variations as part of the handmade and limited-edition nature of our designs.

SECTION 24 - CONTACT INFORMATION

For questions about these Terms of Service, please contact us at:

Ivory Sheep Collection Limited
245 King George Rd #230, Brantford, ON N3R 7N7
info@ivorysheep.com
18668243542
ivorysheep.com

Mobile Terms of Service:
Ivory Sheep Collection Limited
Last reviewed: December 10, 2024

The Ivory Sheep mobile message service (the "Service") is operated by Ivory Sheep Collection Limited (“Ivory Sheep,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Ivory Sheep’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ivory Sheep through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state, federal, or provincial Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ivory Sheep. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Reply to the text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Ivory Sheep mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email info@ivorysheep.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.