1. INTRODUCTION

Welcome to the US.LOXLEYROWE.COM website and other versions of the website located at URLs that point to the domain name US.LOXLEYROWE.COM  (the “Site”). Your use of this Site is subject to certain terms and conditions of use (“Terms”). These Terms also govern the sale of merchandise by Loxley Rowe to you through the Site. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a merchant. 

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information on the Site, downloading product information for your personal review, and purchasing merchandise. 

When using the Site or otherwise communicating with Loxley Rowe once you have used the Site, you accept that communication with us will be electronic and that such communication will be binding on you and Loxley Rowe. 

We do not knowingly sell products or services for purchase by children although we may sell products or services for teens and pre-teens for purchase by adults. If you are under 18, you may use the Site only with the involvement of a parent or guardian. 

Please Contact Us if you have any questions about these Terms.

 

2. ONLINE TERMS & CONDITIONS AND OTHER SITE POLICIES

Please review our Paymen Methods, Shipping, Online Return/Exchange Policy and Privacy Policy (collectively, the "Site Policies"). All Site Policies are incorporated in these Terms by this reference and, therefore, apply to your access to, use of and purchase of merchandise through the Site.

These Terms and the Site Policies together constitute an agreement between you (herein, “you” or “your”) and Arden Holdings Inc., a corporation incorporated under the laws of the Province of Quebec, and/or Loxley Rowe, a corporation incorporated under the laws of Canada, each with its head office at 950 Rue Michelin, Laval, Québec, H7L 5C1, Canada, doing business as Loxley Rowe, (herein, together with their affiliates, “us,” “our,” “we,” or “Loxley Rowe”), in relation to your use of the Site, the merchandise and services offered and sold through the Site, and any orders you place through the Site.

BY USING THIS SITE AND/OR PLACING ANY ORDERS THROUGH THE SITE, YOU ACCEPT THESE TERMS AND THE SITE POLICIES AND AGREE TO BE BOUND BY THESE TERMS AND THE SITE POLICIES. IF YOU DO NOT AGREE WITH THESE TERMS OR THE SITE POLICIES, PLEASE DO NOT PLACE AN ORDER THROUGH THE SITE OR USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. IF YOU ARE DISSATISFIED WITH THESE TERMS, ANY OF THE SITE POLICIES OR THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

 

3. OUR RIGHT TO MODIFY 

Loxley Rowe reserves the right, in its sole discretion, to make changes to these Terms and the Site Policies at any time without specific notice to you. By using the Site after any such changes, you agree to comply with and be bound by these Terms and the Site Policies, as amended. If you do not agree to these Terms and the Site Policies as they may be amended from time to time, please do not use the Site. You should review the most recent version of these Terms and the Site Policies periodically. 

We may impose rules for, and limits on, use of the Site or restrict your access to the Site, in whole or in part. We have the right to change such rules and/or limitations at any time, in our sole discretion.

 

4. MODIFICATIONS TO WEBSITE

We reserve the right to remove or edit any materials or content on the Site (including terminating, changing, suspending or discontinuing any aspect of the Site) and the right to withdraw any merchandise from the Site at any time. We will not be liable to you or any other party for doing so. 

 

5. USE OF THE SITE

The viewing, printing or downloading of any graphic, form, document or other content from the Site grants to you a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any graphic, form, document or other Site content may be reproduced in any manner or incorporated into any information system. Any unauthorized use of the Site and its content automatically terminates such license without notice. 

You agree that: 

a) you may only use the Site to make legitimate inquiries or orders; 

b) you will not make any speculative, false or fraudulent orders for merchandise. If we are of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities; 

c) you also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary. If you do not give us all of the information that we need, we may not be able to complete your order. See our Privacy Policy for more information on how we use your personal information; 

d) you will not interfere or attempt to interfere in any way with the Site's networks or its network security, or attempt to use the Site's service to gain unauthorized access to any other computer system; 

e) you will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity rights of another; 

f) you will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, provincial, national or international law; and 

g) by placing an order through the Site, you represent and warrant that you are either (i) at least 18 years old and are legally capable of entering into binding contracts; or (ii) a minor and are capable of entering into contracts alone to meet your ordinary and usual needs, based on the limits imposed by your age and power of discernment, and are duly authorized to use the payment method you are using. 

 

6. REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services and Site functionalities, such as My Account, you will have to complete an online registration form. You agree that all information which you submit (the “Registration Information”) is true and complete and that you will update your Registration Information to keep it true and complete. 

Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site. Your password may be used only to review information regarding potential and completed transactions, to purchase or cancel purchases of merchandise, to change your preferences, post content and otherwise access and use the Site and services on the Site in accordance with these Terms and the Site Policies. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release Loxley Rowe, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all liability concerning such transactions or other activities. You agree to notify Loxley Rowe immediately of any actual or suspected loss, theft or unauthorized use of your account or password. Loxley Rowe has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision. 

 

7. POSTED CONTENT AND SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments. Accordingly, as part of your use of the Site and services offered on the Site, you may upload, post, distribute or share (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or e-mail us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, in our sole discretion, may post or allow you to post (collectively, the “Posted Content”) through, on, or in association with the Site. You hereby grant Loxley Rowe a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such Posted Content in any media and to use such Posted Content to promote and advertise the Site and Loxley Rowe and its products and services in any way, and you hereby waive any moral rights to such Posted Content. 

You warrant that if you are not the authorized holder of rights in respect of the Posted Content, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own Posted Content and are responsible for the consequences of your Posted Content. You agree not to post: 

a) any material that (i) is copyrighted or trademarked, (ii) is confidential or proprietary, (iii) reveals a trade secret, (iv) infringes on any intellectual property right of another or on the privacy or publicity rights of another; in each case unless you own the relevant rights or have the owner's permission (including the requisite consents and releases, as the case may be) to post such material; 

b) any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity; 

c) any chain letter or pyramid scheme; or 

d) any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. 

Because of the large number of ideas and works that Loxley Rowe has already developed, or that have been suggested to us by third parties, the possibility exists that any information, idea, suggestion, submission or other material that you may make through this Site is similar to information, ideas, suggestions, submissions or other material already known to us. By disclosing any information, idea, suggestion, submission or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, Loxley Rowe by virtue of such submission. Moreover, no liability shall result from the use of such information, idea, suggestion, submission or other material by Loxley Rowe.

Loxley Rowe has no obligation to screen or monitor Posted Content. Loxley Rowe does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by users. You acknowledge that any reliance you place on Posted Content by other users will be at your own risk. If Loxley Rowe becomes aware of any Posted Content that does not conform to these Terms or the Site Policies, Loxley Rowe may investigate the allegation and determine, in its sole discretion, whether to take action in accordance with these Terms and/or the Site Policies. Loxley Rowe has no liability or responsibility to users for performance or nonperformance of such activities.

If Posted Content is misused, none of Loxley Rowe, its affiliates, or their respective content or service providers or the directors, officers, employees or agents of each of the foregoing, will be liable in any way for such misuse. Loxley Rowe is not responsible for any improper use of data and contents of Posted Content by third parties. Any use of Posted Content by third parties in any manner, whether contrary to applicable laws or not, is beyond Loxley Rowe's control and, consequently, Loxley Rowe is not liable. In the event that you have a dispute with one or more such users, you release Loxley Rowe, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute. 

Loxley Rowe invites you and others to share comments, questions, and responses in order to make its Site an interesting place to enjoy conversations and exchange pictures and information. Loxley Rowe intends to supervise conversations and exchanges on the Site and may itself participate in the discussions. Loxley Rowe is committed to promoting online courtesy and reducing online content that is offensive, insulting, disrespectful, malicious or accusatory. Loxley Rowe accordingly reserves the right to modify or delete any content of that nature.   

LOXLEY ROWE ALSO HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST LOXLEY ROWE FOR SUCH REMOVAL AND/OR DELETION. 

LOXLEY ROWE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY information, ideas, suggestions, submissions or other material YOU POST ON THE SITE.

 

8. INTELLECTUAL PROPERTY

The Site, including all information and content thereon such as text, data, wallpaper, icons, characters, artwork, images, animations, videos, photographs, graphics, music, sound, messages, software and the HTML used to generate the Site’s pages (collectively, “Materials”), are the property of Loxley Rowe or our affiliates, suppliers or licensors and are protected by patent, trademark and/or copyright laws in Canada, the United States and/or elsewhere. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, in whole or in part, for any public or commercial purpose without specific prior written consent from Loxley Rowe. 

As between you and Loxley Rowe, Loxley Rowe is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The Loxley Rowe name, logos, designs, titles, phrases and merchandise names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Loxley Rowe Intellectual Property”) are owned by Loxley Rowe or its affiliates and may be registered in Canada, the United States and/or elsewhere. 

Nothing on the Site should be construed to grant any right or license to use any Loxley Rowe Intellectual Property or any of the Materials. You agree not to display or use the Loxley Rowe Intellectual Property or any of the Materials in any manner without Loxley Rowe's specific prior written consent, which may be withheld in Loxley Rowe's sole discretion. 

 

9. PLACING AN ORDER

Although we have made every effort to display merchandise as accurately as possible on the Site, the manner in which products are actually displayed will depend upon the monitor or device of the user. We cannot guarantee that your monitor or device will accurately portray the actual colors, textures or details of our products.

To place an order, you will be required to follow the shopping process online and press the “Place Order” button to submit the order. By clicking “Place Order”, you agree that your order will be subject to these Terms and the Site Policies.

You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy merchandise from us. All orders are subject to merchandise availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirmation when the merchandise is shipped (the “Shipment Confirmation”). 

No contract in respect of the purchase of merchandise offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation. 

 

10. PRICE AND PAYMENT

The price of the merchandise shall be as quoted from time to time on the Site. While we take care to ensure that all prices and terms quoted on the Site are accurate, errors may occur and prices may change without notice. If we discover an error in the price or any other terms of any merchandise you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or the appropriate terms or cancelling the order. If we are unable to contact you within 10 days, the order will be deemed to be cancelled. Prices on the Site may also differ from prices on our partners’ websites.

All prices listed on the Site are in the currency that corresponds to your browsing preference on the Site (i.e., prices are quoted in Canadian dollars if you are browsing on the Canadian version of the Site and in United States dollars if you are browsing on the United States version of the Site) and are exclusive of shipping charges and applicable taxes. If you place an order from Canada, applicable taxes are charged according to the shipping address of your order as provided by applicable law. If you place an order from the United States, you are responsible for self-assessing the applicable taxes and remitting the amount of such taxes to the relevant authorities. 

For payment methods and related information, please refer to Payment Methods. 

 

11. TITLE AND RISK

Title and risk in respect of the merchandise will be transferred to you upon delivery.

 

12. LINKS TO THIRD PARTY WEB SITES 

The Site may provide hyperlinks to third party websites ("Third Party Websites") only for the convenience of its users. Loxley Rowe does not operate, control, endorse or guarantee any Third Party Websites and makes no warranties of any kind regarding Third Party Websites including, without limitation, with regard to the accuracy, availability, suitability or safety of information provided thereon. By providing hyperlinks to Third Party Websites, Loxley Rowe does not recommend that its users access such Third Party Websites. When you access any Third Party Website through a hyperlink posted on the Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our Terms and Site Policies do not apply to any Third Party Website and we do not endorse, warrant or guarantee any merchandise or services offered or provided by or on behalf of Third Party Websites. 

YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY LOXLEY ROWE. UNDER NO CIRCUMSTANCES WILL LOXLEY ROWE or any of its affiliates BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY OR THROUGH ANY THIRD PARTY WEBSITE.

 

13. LIABILITY AND DISCLAIMERS

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THIS SITE, WHICH IS PROVIDED “AS IS.” ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR ON ANY THIRD PARTY WEBSITES, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONING OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERRORS, DEFECTS, VIRUES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

IN NO EVENT SHALL Loxley Rowe, its affiliates, OR their respective content OR service providers OR the directors, officers, employees OR agents of each of the foregoing, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR CONTRACTUALLY OR EXTRA-CONTRACTUALLY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SITE OR THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OF ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LOXLEY ROWE OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT LOXLEY ROWE IS FOUND LIABLE IN RESPECT OF ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH (I) ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, LOXLEY ROWE’S LIABILITY SHALL NOT EXCEED CAD $250; OR (II) any product SOLD through the Site, Loxley Rowe’s LIABILITY SHALL BE strictly limited to the SALE price of that product. 

 

14. INDEMNIFICATION

Loxley Rowe and its affiliates shall not be liable for any use of the Site and its content made by you in violation of any applicable laws or these Terms or the Site Policies including, without limitation, in connection with any Posted Content you disclose, submit or offer to Loxley Rowe.

You will be solely responsible, and agree to defend, indemnify and save and hold harmless Loxley Rowe, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from, related to or in connection with your use of the Site and its content, your violation of these Terms or any of the Site Policies, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. 

 

15. NOTICES

All notices given by you to us must be given by contacting us in writing at Contact Us. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 

 

16. BINDING NATURE; ASSIGNMENT

These Terms and the Site Policies are binding on you and us and on our respective heirs, representatives, successors and assigns and, as indicated herein, are for the benefit of Loxley Rowe, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or the Site Policies without our specific prior written consent, which we may withhold in our sole discretion. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms and the Site Policies at any time. 

 

17. NO WAIVER

No failure of Loxley Rowe to enforce any of its rights or remedies under these Terms or any of the Site Policies will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or any of the Site Policies shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of Section 18 (Notices). 

 

18. SEVERABILITY

If any of these Terms, any provisions of the Site Policies, or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

19. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them (including, without limitation, the Site Policies, Order Confirmations and Shipping Confirmations), represent the entire agreement between you and us in relation to the subject matter of these Terms or any such document referred to herein, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms and any such document referred to herein, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms or any such document referred to herein, except as expressly stated in these Terms or any such document referred to herein. 

 

20. LAW AND JURISDICTION

Any disputes arising out of or relating to these Terms, the Site Policies, use of the Site, the merchandise sold on the Site, and the services offered through the Site shall be resolved in accordance with the laws of the Province of Quebec without regard to its conflicts of law rules. Any such disputes must be brought before the courts of the Province of Quebec in the City of Montreal, Quebec and you irrevocably consent to the exclusive jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.