Terms and conditions

Mentality Vision Terms and Conditions of Use

Effective as of January 1, 2019

  1. Introduction
  2. Privacy
  3. Cookies
  4. Returns
  5. User-Generated Content
  6. License
  7. Hyperlinking to our Content
  8. Hyperlinking to third parties
  9. Content Liability
  10. Limited Liability

Introduction

These terms and conditions outline the rules and regulations for the use of Mentality Vision's Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Mentality Vision's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By accessing or using the Website, you represent that you are at least eighteen years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Mentality Vision through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Mentality Vision reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Mentality Vision from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Mentality Vision if you suspect or become aware of any loss, theft, or unauthorized use of your password.

Privacy

We protect direct access to your member account with a password. Your personal information will be collected on a secure server using a coding system called Secure Socket Layer (SSL). The collected data is kept safe and we will do our best to provide a high level of security. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We handle your personal and account information carefully, and do not share it with anyone else. Remember to always disconnect completely when using public access computers. You are solely responsible for maintaining the confidentiality of your account.

Data collection

Personal data is all information relating to an identified or identifiable natural person, such as name, date of birth, bank details. Generally, we collect information that may personally identify you when you voluntarily:

  • register an account on this website,
  • place an order,
  • enter a contest or sweepstakes, or
  • respond to a survey or communication such as e-mail.
  • You may choose to create a personal account on our website, which may require that you disclose certain personally identifiable information for identification, including a unique email address and demographic information (including, for example, zip code, day and month of your birth and back details). We collect, process and store your personal data as part of your Mentality Vision membership.

    Data usage

    The information we collect is used for a variety of purposes, such as:

  • to enable your use of our Services, such as enabling you to make purchases of clothing and accessories we have listed for sale by processing your transactions;
  • to improve our service to you in responding to any of your customer service requests;
  • for product development purposes and to generally inform advertisers about the nature of our subscriber base to improve our relationship with our customers;
  • to customize your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent; and
  • to administer contests, promotions, surveys, and/or other site features.

  • Without your explicit permission, we only disclose your personal data to third parties in order to fulfill our contractual obligations (for example, the delivery of our products by the carrier and the logistics companies) and for accounting purposes (eg collection companies or banks). These service providers explicitly use your data only for the purpose of the contract. If the legitimate purpose of the processing of your data is canceled or if the applicable law requires it, your personal data will be deleted accordingly.

    I authorize Mentality Vision to collect, process and use my personal data in accordance with this privacy policy.

    Payment information

    In addition, our services comprise, generally, fashion retail and wholesale services. In order to enable payment by you to fulfill your orders, we may collect name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate completion of the purchase transaction, such as by fulfilling orders and processing credit card payments. We will not disclose your billing and/or credit card information with other third parties unless required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party we deem necessary to address the matter.

    Disclosure by Necessity

    We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to:

  • comply with the law or with legal process;
  • protect and defend our rights and property;
  • protect against misuse or unauthorized use of our services; or transfer
  • protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
  • As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.
  • Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence. When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.

    Cookies

    We employ the use of cookies. By using Mentality Vision's website you consent to the use of cookies in accordance with Mentality Vision’s privacy policy. Most of the modern day interactive Websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

    Purchases

    All purchases made through our website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. We does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Mentality Vision expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on our website that govern your purchase of certain products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Mentality Vision reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Mentality Vision reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.

    Returns

    If you are unhappy with your purchase or would like to return your items, please send your item(s) back to our distribution center in accordance with the following Return Policy:

  • Items must be sent back within 30 days of the delivery date.
  • Items must be unworn, unwashed, and have original tags attached.
  • Items must be free of stains, makeup, deodorant, or wear.
  • All returns are refunded via store credit
  • Returns are processed within 5-7 business days after your item(s) are received at our distribution center.
  • Mentality Vision does not provide pre-paid return labels; you will be responsible for covering the shipping costs to return.
  • Damaged, defective, or incorrect items must be reported within 3 days of delivery.
  • Depending on the shipping method and carrier selected, your return package may take several days to reach us. Keep your proof of postage and ship your return along with a tracking number as we are not liable for return packages that are lost or stolen in-transit. Without proof of receipt and delivery, Mentality Vision will not issue store credit for your returns. Once your return is fully processed, we will issue you store credit for use on a future purchase.

    You will be responsible for covering shipping costs to return items and shipping charges must be prepaid.

    Returned to Sender/Refused Packages

    This can happen if 1) an address is invalid or missing information 2) the carrier is unable to deliver your package 3) the order is refused by the customer at the time of delivery. Returned to sender or refused packages will be restocked and you will be issued store credit minus the initial shipping charge. We are unable to replace or reship in these instances as all returned shipments are processed by our Returns Department. Instead, please use the store credit to place a new order using the correct address. Keep in mind that we do not guarantee your items will be in-stock at the time of your reorder. To ensure that your package is properly delivered, make sure that your address is entered correctly and includes all relevant information. The use of correct abbreviations, street numbers, building or apartment numbers, and route information (if applicable) are critical to ensuring delivery. Mentality Vision does not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information provided is incorrect at the time of purchase.

    Reserved Rights Regarding Returns

    Mentality Vision reserves the right to solely define and limit, refuse, and/or reject returns from customers at any time due to: An irregular or excessive returns history involving worn, altered, laundered, damaged, or missing items or potential fraudulent or criminal activity.

    Damaged Items

    Should you receive a damaged item, please take a photo of the item which clearly displays the damage and email the photo to our customer service (info@mentalityvision.com) along with a description of the damaged item and your Order Number. Once we receive your email and assess the damage, we will be in contact with you to determine the needed outcome.

    Incorrect, Defective, or Missing Items

    Upon receiving your order, please thoroughly check the delivered items. Should you receive an item that is defective, incorrect, or you believe that you are missing an item: please email info@mentalityvision.com within 3 days of delivery. Include a photo and description of the issue along with your Order Number to ensure a speedy resolution.

    User-Generated Content

    By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Mentality Vision a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Mentality Vision the license specified above. Mentality Vision shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.

    License

    The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Mentality Vision, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Mentality Vision, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Mentality Vision, its licensors, or certain other third parties. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Mentality Vision grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Mentality Vision may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.

    Hyperlinking to third parties

    The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Mentality Vision expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.

    Removal of links from our website

    If you find any link on our Website or any linked Website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

    Content Liability

    We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

    Limited Liability

    Except where otherwise inapplicable or prohibited by law, the website, and all content, products, and other information on or accessible from or through this website are provided “as is” and “as available”, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Mentality Vision does not warrant that: (1) the information on the website is correct, accurate or reliable; (2) the functions contained on the website app will be uninterrupted or error-free, or (3) defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. In no event shall Mentality Vision or its officers, directors, shareholders, employees, independent contractors, or agents be liable for any indirect, special, incidental, exemplary, consequential, or punitive damages, under any cause of action whatsoever including, but not limited to, contract, tort, strict liability, warranty, or otherwise, for any claim, cause of action, fee, expense, cost, or loss arising from or related to this agreement, the privacy policy, the return policy, the shipping policy, the products, or your use of the website or any products.

    Nothing in this disclaimer will:

    1. limit or exclude our or your liability for death or personal injury resulting from negligence;
    2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
    4. exclude any of our or your liabilities that may not be excluded under applicable law.

    The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.