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1.When the buyer transfers is purchase order to Invictus, he buys the pair of gloves and the quantity of pairs specified on the purchase order.
Identification of the Parties
2.The « vendor » is 9359-5908 Quebec inc., domiciled at 2620 Cadillac street, Montreal (Quebec), H1N 2V3, Canada, phone number: (438) 393-9878, email address: <[email protected]>. He is doing business under the name of Invictus Gloves.
3.The « buyer » is the person whose names and addresses appear on the purchase order.
4.The date of this sale contract is the one at which the buyer has transferred is purchase order to the vendor.
5.The item bought is delivered, at the address supplied by the buyer, by the parcel delivery service chosen by the vendor. The term of delivery shall be a maximum of eight (8) weeks from the date of the sale.
6.The delivery is included into the final price paid by the buyer. Additional delivery charges can be billed to the customer if, because of fault or neglect on his part, a second delivery must be done. Extra customs duties and brokerage fees may apply when receiving the package.
7. Certain situations that are beyond our control may cause a delivery to be delayed: a vacation period in the mandated country, a natural disaster or a delay caused by a third party such as a courier.
8.Invictus is not responsible for packages lost or damaged during shipping.
Logo and Illustrations on the Gloves - Intellectual Property
9.The vendor must deliver the gloves whit the logo or illustration chosen by the buyer to appear on it. The vendor is not responsible for any intellectual property rights violation regarding the use or the reproduction of the logo or illustration supplied by the buyer.
10.The buyer supplies the vendor with the logo or illustration he wishes to be reproduced on the pair of gloves he is buying. The buyer certifies that he has verified that the logo or illustration respects the intellectual property rights of others, including trademarks registered in Canada, in United States of America or anywhere else.
11.If the logo or illustration has been produced by anyone else than the buyer, the later attests that he had legally obtain the authorization of the author to reproduce it on the gloves been the object of this contract. If the logo or illustration constitute, fully or in part, a trademark, the buyer certifies to the vendor that he has the authorization of the owner of the trademark to reproduce it on the gloves been the object of this contract.
12.The buyer admits that it is impossible for the vendor to know the provenance of the logo or illustration. The vendor cannot know if the logo or illustration respects or not someone’s intellectual property rights.
13.Therefore, the buyer is and will remain responsible of any intellectual property rights violation of a third party regarding the logo or illustration he asked the vendor to reproduce on the gloves, including the rights violation of the registration or use of a trademark.
14.If any legal proceedings are instituted against the vendor by a third party and is based on intellectual property rights violation regarding the logo or illustration which the buyer wished to be reproduced on his gloves, including a rights violation of a trademark, the buyer commits to take up the defence of the vendor in the proceedings, to reimburse the vendor any judicial and extrajudicial fees regarding this right of action and to pay, instead of the vendor, any indemnity or fine in favor of the third party owner of intellectual property right, as of any pecuniary loss, moral, exemplary or pre-constituted damages which the vendor would be sentenced to pay.
Termination, Cancellation or Exchange
15.The buyer orders to the vendor a customised item, adapted to his size and tastes. The buyer is responsible to supply the vendor with proper specifications regarding the size of the gloves he is ordering. No sale contract can be canceled and no exchange will be possible if the gloves delivered are the same type and size ordered by the buyer and have the logo or illustration and/or include any features requested by the buyer in his purchase order.
16.The buyer understands that the use of the football gloves bought from the vendor, in a sport situation is likely to have them altered and even broken. The vendor cannot be held responsible of any damage which could occurs while using the football gloves in a sport situation.
17.The viewing tool on invictusgloves.com produces a representative image only. This image allows the client to view the fabric before purchasing. You must ensure that you have carefully reviewed your item summary before proceeding with the order. In addition, please note that the color differences generated by a computer screen are not considered an error, because the color of fabrics may vary depending on the monitor.
18.The seller reserves the right to change the General Terms and Conditions at any time without notice with immediate effect.