Terms and Conditions

Last updated: January, 2023

PLEASE READTHESE TERMS OFUSE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using the Di Moda European Lingerie (a trade name of Dimikan Inc.) website ("Website"), or by purchasing or using products and/or services offered by Di Moda European Lingerie or its suppliers through this Website, Website visitors (“You” or “Your”) are indicating Your acknowledgment and acceptance of these terms and conditions of Website use ("Terms"). If You do not agree to these Terms or any changes to these Terms, please immediately discontinue Your use of the Website. These Terms do not affect Your statutory rights as a purchaser of goods from the Website.

Use of Website

Di Moda European Lingerie authorizes You to view and use the materials on this Website including text, pictures, graphics, audio or video clips, software and any other information ("Materials") only for your personal, non-commercial use provided that: (i) You do not remove any copyright or other proprietary notices contained in the Materials from any copies of the Materials; and (ii) You abide by all applicable laws and comply with all requirements identified in these Terms, and such additional terms and conditions that may be provided to You during use. You agree: (i) to review and abide by these Terms; and (ii) that the Website and the Materials are made available to You on an “as-is” basis and that You assume all risk associated with the use of the Website and the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use the Materials or any part thereof for any public or commercial purposes. Any use of the Materials on any other website, electronic device or networked computer environment for any purpose is strictly prohibited.

Intellectual Property 

The Di Moda European Lingerie name and any logos appearing on the Website or in conjunction with the delivery of any services are trade-marks of Dimikan Inc. (or its licensors). The Materials are proprietary and are exclusively owned by Dimikan Inc. (or its licensors) and any unauthorized use, reproduction or distribution of any Materials stored or available through this Website may violate copyright, trade-marks, patents or other intellectual property rights or applicable laws and is strictly prohibited. If You breach any of these Terms, Your authorization to use this Website automatically terminates and You must immediately cease using this Website and destroy any downloaded or printed Materials or any other Materials derived from the use of this Website, which contain intellectual property of Dimikan Inc. (or its licensors).

Products and Pricing 

Di Moda European Lingerie continually updates its product and service offerings in store and on this Website. Di Moda European Lingerie reserves the right to revise and/or discontinue such offerings at any time. Prices which may be displayed or advertised on the Website or through any other electronic communications from Di Moda European Lingerie do not include shipping fees and applicable sales tax, and are subject to change without notice at Di Moda European Lingerie's sole discretion. The display of products and/or services on the Website does not necessarily constitute an offer by Di Moda European Lingerie. Online purchases of those products available to be purchased on the Website are subject to Di Moda European Lingerie’s Terms and all other policies published through this Website. Not all merchandise depicted on the Website is available for online purchase. For a broader selection of Di Moda European Lingerie merchandise, please visit a Di Moda European Lingerie store. Di Moda European Lingerie reserves the right to change online prices. In the event that an item is priced incorrectly on the Website, Di Moda European Lingerie will not honour the incorrect price in its retail stores.All prices listed are in Canadian currency and all charges will be processed in Canadian currency (Canadian Dollar, CAD). All goods are sold subject to availability. Both price and availability information is subject to change without notice; hence any subsequent purchases of the same product cannot be guaranteed at the same price. Where goods are temporarily out of stock we will endeavor to contact you so that you may choose between a refund on the item, having it shipped when it is back in stock or selecting an alternative product. Please note, not all products offered on this website are available in our physical retail store, and not all products in our physical retail store are available on this website.

Sales tax

All orders in Ontario are subject to GST/HST. For order shipped to other provinces in Canada are subject to tax calculated based on the rate applicable in the destination province or territory.  Taxes will be displayed at checkout prior to your final order submission.

Shipping and Handling 

At this time, we only provide shipping within Canada. Shipping methods and rates are shown during the checkout process before completing your order. All estimated delivery times provided on this website are based on delivery information provided by the courier, and are subject to change. Once an order has been shipped, you will receive a shipping confirmation email and the delivery address CANNOT be altered.

SHIPPING RESPONSIBILITIES

1. As a sender, our commitments are the following:

• Ensuring proper packaging of the purchased items,
• Utilizing the shipping method made by you during checkout,
• Applying the delivery address specified by you at checkout,
• Affixing the shipping label securely to the package, and
• Notifying you with relevant information and the package's tracking number via email.

Once a package has been confirmed as accepted by the courier, our responsibility for it ceases. Consequently, we cannot be held accountable for any loss, misplacement and/or damage of the package during transit for items purchased in excess of $100.00. Therefore, we urge customers to contemplate extra insurance from external sources for items exceeding $100.00.

In the event of a shipping complication, we will work with the recipient and carrier to help resolve any arising issues. No refunds or replacements are provided for shipments that have not arrived as a result of factors outside our control.

2. As a receiver, you are responsible for the following tasks:

• Providing us with your accurate shipping information is important, as we (the sender) are not responsible for any issues caused by incorrect address. If the carrier has to return the shipment, the customer will be liable for all associated costs.
• Have access to, and read, all emails and/or notifications sent by us (sender) and/or courier regarding your order's shipment.
• Stay up to date on the delivery of your order by tracking with the provided tracking number, and
• Coordinating collection of the shipment when you are unable to collect the delivery on the day indicated in the email notification.

SHIPPING TIME

We aim to dispatch orders quickly and efficiently. Typically, online orders are dispatched within the following timelines:​

SHIPPING OPTIONS​​​​

At checkout, customers may choose from a variety of available shipping methods and options.

1. Regular shipping

Orders below $199.00 will have a shipping cost calculated according to their weight, which will be visible at checkout before the order is finalized. Customers can select from the available shipping methods upon submitting their address.

2. Free shipping

​​Orders totalling $199.00 or more are eligible for free shipping. This will be calculated and deducted from the checkout total after any applicable discounts, but before taxes. Orders sent with complimentary delivery are typically delivered within 3-9 business days via Canada Post Regular Parcel™.

3. In-store pickup

You can opt to pick up your order from the store without incurring a shipping cost; simply follow the outlined steps:

• Order through the eStore, selecting the 'Pick Up' option in the Delivery section during checkout.
• Following the order, wait to receive an email or phone notification confirming the order is ready for collection.

Exchange & Returns Policy

ALL SALES ARE FINAL. We want you to be satisfied every time you shop with us. For health, safety, and hygiene reasons and protection of our employees and customers WE WILL NOT ACCEPT RETURN AND/OR EXCHANGE, AND WILL NOT ISSUE REFUND, to all sold and shipped items. Please make sure that you have carefully reviewed your order prior to finalising your purchase as we do not accept refunds or returns.

Links to Other Websites

Links to third party websites on this Website are provided solely as a convenience to You. If You use these links, a new window will be launched to access linked websites. Di Moda European Lingerie has not reviewed these third party websites, does not control and is not responsible for any of these websites or their content. Di Moda European Lingerie does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Website, You do this entirely at Your own risk.

Termination

You acknowledge and agree that Di Moda European Lingerie, in its sole and absolute discretion, may, without notice to You, suspend or terminate Your use of, or access to the Website or any services and remove and discard any related Materials for any reason, including where Di Moda European Lingerie believes that You have violated any of these Terms. You agree that Di Moda European Lingerie shall not be liable to You or to any other person as a result of any such suspension or termination. If You are unsatisfied with any of these Terms, please discontinue using the Website.

Disclaimer

You acknowledge that You are using this Website including its Materials at Your own risk. Di Moda European Lingerie and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of the Website. The products, services and information provided at this Website are provided "as is" without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Di Moda European Lingerie and its suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and Di Moda European Lingerie makes no commitment to update the Materials. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You.

Indemnification

You shall indemnify and forever save harmless Di Moda European Lingerie, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Your use of this Website.

Limitation of Liability

You agree that in no event will Di Moda European Lingerie, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, representatives and suppliers be liable to You for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of this Website (including the products, services, Materials or information contained on this Website and/or other linked websites), whether based on warranty, contract, tort or any other legal theory and whether or not Di Moda European Lingerie is advised of the possibility of such damages.

Applicable Laws

These Terms including Di Moda European Lingerie’s Privacy Policy shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes relating to the use of these Terms including the Online Terms of Purchase. You agree to submit to the jurisdiction and venue of such courts and that they are appropriate.

Revision of Terms

Di Moda European Lingerie may revise these Terms at any time by updating this Website. Any changes will be effective upon the posting of the revisions on the Website and Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. You should visit these Terms and the Online Shopping Terms and Conditions from time to time to review the then-current terms and conditions in effect because they are binding on You and Your continued use of the Website signifies Your acceptance of any such revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Entire Agreement

These Terms together with the Dimikan’s Privacy Policy constitute the complete and entire agreement between You and Di Moda European Lingerie pertaining to the use of the Website, and the purchase of merchandise or Gift Cards online and supersede any prior agreement, whether written or oral.

Waiver 

Di Moda European Lingerie will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Di Moda European Lingerie. No delay or omission by Di Moda European Lingerie in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.

Contact

Should you have any question about these Terms and Conditions please contact us.