Terms of Service

OUR TERMS

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OVERVIEW


This website is operated by Wuxly Movement. Throughout the site, the terms “we”, “us” and “our” refer to Wuxly Movement. Wuxly Movement 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.

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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).


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.

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SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time. 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.


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.

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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.

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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice. 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.

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SECTION 5 - PRODUCTS OR SERVICES (if applicable)


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. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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 anytime 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.

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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.

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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.

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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.

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SECTION 9 - TRADE-MARKS


“WUXLY", "WUXLY MOVEMENT" and any other trade-marks, trade names, logos, slogans and images that are trade-marks of Woolly Mammoth Outerwear Inc in Canada and other countries may not be copied, imitated or used, in whole or in part, without the prior written permission of Woolly Mammoth Outerwear Inc or the applicable trademark holder.

 

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SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example 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 are unlawful, offensive, threatening, libellous, 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, personality or other personal or proprietary right. You further agree that your comments will not contain libellous 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 e-mail 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.

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SECTION 11 - PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy.

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SECTION 12 - 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.

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SECTION 13 - 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; (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.

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SECTION 14 - 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 Wuxly Movement, 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 service 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

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SECTION 15 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Wuxly Movement and 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.

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SECTION 16 - 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.

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SECTION 17 - 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; and/or accordingly may deny you access to our Services (or any part thereof).

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SECTION 18 - 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 constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

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SECTION 19 - 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 and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Web Site must be brought in the courts of Toronto located in the Province of Ontario and you hereby irrevocably attorn to the jurisdiction of the courts in the Province of Ontario for all such purposes.

 


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SECTION 20 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the 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.

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SECTION 21 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at hello@wuxly.com.

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SECTION 22 - TRADE UP PROGRAM

 

Thank you for participating in the Wuxly Movement Trade-Up Program (the “Program”). The Program allows you to trade in a fur, fur trim and/or down filled jacket  in exchange for Credit (as defined below) to be used towards the purchase of one Wuxly Movement’s Parka (as defined below). Please note that any reference to “trade in” or “trade-up” indicates that Wuxly Movement is facilitating the collection of your old jacket (“Trade-in Jacket”) and receiving it on behalf of a third party registered charities and/or not-for profit organizations. More details on the registered charities and/or not-for-profit organizations we are partnering with for the collection of your Trade-in Jacket can be found at  www.wuxly.ca or www.wuxly.com

 

Woolly Mammoth Outerwear Inc (“Wuxly Movement”) is not taking ownership of, or reselling, any Trade-in Jacket that it receives through the Program. These Wuxly Movement Trade-Up Program Terms & Conditions (the “T&Cs”) supplement and are incorporated into the Wuxly Movement Terms of Service available at https://wuxly.ca/pages/terms-of-service, and form part of our agreement with you. Unless otherwise defined herein, capitalized terms have the meaning given to them in the Wuxly Movement Terms of Service accessible at https://wuxly.ca/pages/terms-of-service. By participating in the Program, you acknowledge that you understand and agree to the “T&Cs,” as outlined below.

 

  1. Program available at the Wuxly Movement Showroom (defined below) on an appointment basis only, and online by sending us an email to hello@wuxly.com. This Program is available worldwide, however the Program is governed by the laws of the Province of Ontario and the parties agree to the non-exclusive jurisdiction of the courts of the Province of Ontario in relation to this Program. Only 1 (one) Trade-in Jacket per customer is permitted. This Program is not available with any of our Retailers across Canada. Certain Trade-in Jackets will not be eligible to be traded in through the Program. More details on eligible and non-eligible Trade-in Jackets can be found on our website at www. wuxly.ca or www.wuxly.com and under section 4 of these T&Cs. Program only available with purchase of a new Wuxly Movement Parka Jacket at full retail price and upon signature and acceptance of Pre-Approval Email (as defined below) and the Wuxly Movement Trade-Up Program Terms and Conditions. We reserve ourselves the right to deny any Trade-in Jacket even when the brand of the Trade-in Jacket appears on the list of eligible and participating brands. However, reasons for denial will be provided to customer upon refusal by email.

 

  1. Once the Trade-in Jacket has been approved for the Program, Credit will be issued under the form of a discount code. Discount code is non-transferable, not for resale, and not redeemable for cash and only valid for the specific purchase of one Wuxly Movement’s Parka. Wuxly Movement reserves the right to withdraw, amend, or cancel the discount code at any time. Limit of one discount code per customer. The discount code expires within the next 30 days upon issuance of the code. The discount code can only be used once, and only towards the purchase of one Wuxly Movement’s Parka. The currency of the discount code will either be in Canadian Dollars or US Dollars depending on the residence address of the customer. We retain full discretion on the final value of the discount code that is given to customers in exchange for their Trade-in Jacket for the Program. The credit can be applied to full retail price before tax. A $35 American dollar fee will be deducted from the credit value where the Trade-in Jacket received has not been dry-cleaned by the customer before we receive it where the Trade-in Jacket is accepted for the Program.

 

By signing the T&C’s, you acknowledge that a discount coupon in the amount of the Credit has been issued by Wuxly Movement and redeemed by you at the time you purchase your new Wuxly Movement Parka. Such coupon is not redeemable for cash, and includes all applicable taxes. This is a one-time use coupon that is forfeited at the time of purchase. No facsimiles accepted.

 

ONCE THE TRADE-IN TRANSACTION IS COMPLETE, UNDER NO CIRCUMSTANCES WILL YOUR TRADE-IN JACKET BE RETURNED TO YOU OR WILL YOU BE COMPENSATED FOR THE AMOUNT OF THE CREDIT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT AFTER YOU TRADE-IN YOUR TRADE-IN JACKET THERE WILL BE NO RETURNS ON YOUR NEW WUXLY MOVEMENT PARKA. ONLY EXCHANGES ON YOUR NEW WUXLY MOVEMENT PARKA WILL BE ALLOWED AND ONLY IN ACCORDANCE TO OUR CURRENT EXCHANGE POLICY.

 

  1. Trade-in Value. The trade-in value of the Trade-in Jacket is determined using a quote estimation tool. Wuxly Movement makes no representation that the trade-in value assigned to a Trade-in Jacket is equivalent to the fair market value. The trade-in value varies depending on the condition of the Trade-in Jacket, and other factors which may be periodically updated or revised. Trade-in value is final and non-negotiable. The trade-in value will not be provided to you in cash form, or in any form other than the Credit described in section 2. A $35 American dollar fee will be deducted from the credit if the Jacket has not been dry-cleaned before being sent to Wuxly Movement.

 

  1. Trade-in Jacket. Trade-in Jacket must be surrendered at the time of trade-in and will not be returned to you under any circumstances once it has been approved and a discount code has been issued. We retain full discretion on the Trade-in Jackets that are accepted for the Program. We reserve the right to deny any Trade-in Jacket even when the brand and/or style appears on our list of eligible Trade-in Jackets. Wuxly Movement assumes no responsibility and liability for any objects that might be found inside the Trade-in Jacket you send for the Program. Only 1 (one) Trade-in Jacket per customer is permitted.

 

 

  1. Wuxly Movement Jackets. The Credit issued (in the form of a discount code) in exchange for your Trade-in Jacket can be used towards the purchase of a new Wuxly Movement’s Parka only. The discount code cannot be used towards the purchase of any other items on our online store or at Wuxly Movement’s Showroom. Customers can use their discount code towards the purchase of a Wuxly Movement’s Parka (within the stipulated time in section 2 of these T&Cs) in any size and/or colour. However, this Program is subject to availability and until quantities last. In the event that the desired size and colour Parka is not available, customer can place a Pre-Order for a Parka in the desired colour and size.

 

  1. Your Personal Information and Our Privacy Policy. You agree to provide accurate and current personal information as requested by us, including but not limited to your name, address, telephone number and email address. You agree that we may disclose such personal information to our third-party agents and service providers in connection with the operation of the Program. Wuxly Movement respects the privacy of our customers. Our collection, use and disclosure of personal information in connection with the Program is governed by our Privacy Policy located at https://wuxly.ca/pages/privacy-policy.

 

Personal information collected in connection with the Program may be stored and processed in or outside Canada and may be accessed by the courts, law enforcement and national security authorities of that jurisdiction.

 

  1. Your Representations. You represent that you are the sole and rightful owner of the Trade-in Jacket, that you have all the rights necessary to transfer title to the Trade-in Jacket, that the Trade-in Jacket is not counterfeit or stolen or your provision of the Trade-in Jacket to us is not otherwise fraudulent, that the Trade-in Jacket is free from any liens, encumbrances or claims by any third parties, and that the condition, specifications and other representations you provide regarding the Trade-in Jacket are accurate. You represent that your transfer of the Trade-in Jacket to us will comply with all applicable laws, including without limitation, all import and export laws, and will not infringe on any third party’s rights.

 

  1. Passing of Title. Once you complete your trade-in transaction and Wuxly Movement accepts your Trade-in Jacket, title to your Trade-in Jacket will pass to one of the participating registered charities and/or not-for profits participating in the Program and you will no longer be the owner of the Trade-in Jacket.

 

  1. Your Responsibilities. You are responsible for all costs associated to shipping the jacket to Wuxly Movement (including but not limited to shipping costs and duties), and for ensuring that the jacket has been dry-cleaned and is free of any objects. In the event that your Trade-in Jacket is refused for the Program, you will be invoiced for the shipping costs, duties and any other associated costs involved in the return process of your jacket. Once the invoice has been paid, your jacket will be shipped back to you.

 

  1. Limitation of Liability. WUXLY MOVEMENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMOUNT OTHER THAN THE TRADE-IN VALUE ASSIGNED TO THE TRADE-IN JACKET THROUGH THE PROGRAM, AND ONLY IN ACCORDANCE WITH THE CONDITIONS HEREIN. EXCEPT TOWARDS RESIDENTS OF QUÉBEC FOR DAMAGES RESULTING FROM AN ACT OF WUXLY MOVEMENT, IN NO EVENT WILL WUXLY MOVEMENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR RELATING DIRECTLY OR INDIRECTLY FROM OR TO THE PROGRAM OR ANY TRADE-IN.

 

These T&Cs have been drawn up in English at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

 

 

Definitions :

  1. Credit: Credit is defined as the value assigned to the Trade-in Jacket for purposes of the Program and issued as a Discount Code to be used towards the purchase of a new Wuxly Movement Parka.
  2. Wuxly Movement’s Parkas: It includes both Doe and Elk Parkas in Moonlit Black, Boreal Green, Great Lake Blue, and True North Red, in the sizes XS, S, M, L, XL, and XXL.
  3. Showroom: Located at 884 Queen Street West, Rear Unit X, Toronto, ON, M6J 1G3.
  4. Pre-approval Email: A pre-approval email will be sent in the event that your Trade-in Jacket seems to be eligible to participate in the Program. Upon signature of the Pre-approval email, your Trade-in Jacket is to be shipped to us (at your own expense), and we will then determine eligibility of your Trade-in Jacket. Should your jacket be eligible, you will be sent these T&Cs and will be issued Credit with Wuxly Movement for the purchase of a new Wuxly Movement Parka at full retail price.
  5. Pre-Order: A pre-order is defined as an order that is placed for an item that is currently out of stock and will be restocked in the next lot of production. Delivery of a pre-order might be delayed as we are subject to manufacturing delivery times. 

 

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Updated November 5, 2018