Purpose of the Site
The purpose of the Site is to provide you with information about The Body Shop, our products and stores, the campaigns that we support and the activities we undertake. In addition, you may be able to purchase products and services through the Site. If you are under 18, you may use this Site only with involvement of a parent or guardian.
Product and Service Availability
THE AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. The Body Shop cannot guarantee that products and services advertised on the Site will be available when ordered or thereafter. The listing, description of, or reference to, a product or service on the Site does not mean that the name and description of any product or service in your local THE BODY SHOP store will be the same as that included on the Site. The Site is for residents of Canada only. We in no way imply that the materials on our Site are appropriate or available for use outside Canada and we will not be able to fill your order if you require shipping outside of Canada. The Site contains information about the availability of inventory of Canadian merchandise. We cannot guarantee that a product listed as "In stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out or of diminished inventory by the time your order is processed.
Prepackaged gifts are assembled individually and may vary slightly. The Body Shop reserves the right to substitute a product of equal value and nature if the original product becomes unavailable.
Errors and Misprints
The Body Shop endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. The Body Shop does not warrant that the content of the Site including, without limitation, product descriptions, colours or photographs of products, is accurate or complete.
The Body Shop reserves the right to do the following, without prior notice or liability to you or any other person: (a) correct any error, inaccuracy or omission; (b) change the products and services advertised or made available for sale on the Site; (c) change the prices, fees, charges of such products and services; (d) change any promotional offers; and (e) limit quantities available for sale or sold.
All prices and other amounts appearing on the S ite are quoted in Canadian dollars. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. Your submission of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time and without liability to you or any other person to reject, correct, cancel or terminate any order, including accepted orders.
Refunds and Exchanges
We guarantee your satisfaction with all The Body Shop merchandise. However, if you are not satisfied, you may return any of our products, with your receipt, for a merchandise exchange, or a full refund of the purchase price (minus shipping and handling charges). If you receive a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective product. You will not be charged any additional shipping or handling fees for replacement of such damaged or defective shipments. You may also return any of our products, with your receipt, to any The Body Shop retail store in Canada. Please read our Returns & Exchanges Policy and Form about how to make returns.
You are responsible for any payments due for any products or services ordered online. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
We are required by law to charge applicable sales tax on products shipped to those provinces and territories that charge such a tax and in which we operate. Currently, we sell across Canada.
Ownership and Permitted Use of the Site
The Body Shop is, unless otherwise stated, the owner of the Site (including all content, page headers, customs graphics, button icons, and scripts and the presentation, selection, coordination, enhancement and arrangement of the information and content in the Site). Without limiting the foregoing, the Site is protected by Canadian and international copyright, trade mark and other laws as a collective work and/or compilation. Your use of the Site does not transfer to you any ownership or other rights in the Site or its contents.
User Comments, Feedback and Other Submissions
We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material ("Submissions") submitted or sent to us will be deemed not to be confidential or secret. Such Submissions may not contain any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injuries to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” By submitting or sending Submissions to us you represent and warrant that the Submissions are original to you and that no other party has any rights to the Submissions. If you send Submissions to The Body Shop or the Site, you automatically grant (or warrant that the owner of the Submission grants) to The Body Shop and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, exploit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of The Body Shop or its successors, assigns or licensees. You also agree, represent and warrant that any "moral rights" in the Submissions have been waived in favour of The Body Shop and its successors, assigns and licensees.
All brand, product and service names used in the Site are the trademarks, trade names or service marks of The Body Shop International plc unless otherwise stated. You may not use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of The Body Shop International plc or the owner of such trade marks, trade names or service marks.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your ability to purchase through the Site.
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
Disclaimer of Warranties
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BODY SHOP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES, REPRESENTATIONS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE IMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING EXCLUSIONS OR LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
Amendment of the Terms
Copyright Act Agent
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Buth-Na-Bodaige, Inc., dba The Body Shop
The Body Shop
5036 One World Way
Wake Forest, NC 27587
telephone: 1 800 387-4592
e-mail Customer Service: Consumer.Helpdesk@thebodyshop.com
The parties have expressly requested and required that these Conditions of Use and all other related documents be drawn up in the English language.
If you have any comments or questions about or Site please contact our customer service department at at Consumer.Helpdesk@thebodyshop.com.
The Site is operated by The Body Shop Canada Limited.
All formal notices to us shall be sent to Attn: Legal Department, The Body Shop, 5036 One World Way, Wake Forest, NC 25787. All notices to you shall be sent to the email or mailing address that you provide to us when you purchase. Such notice shall be deemed given one business day after the email is sent.