Terms & Conditions

Terms of Use

WELCOME TO THE BODY SHOP WEBSITE (THE "SITE"). THIS SITE IS OWNED AND OPERATED BY THE BODY SHOP CANADA LIMITED (HEREINAFTER, THE BODY SHOP CANADA LIMITED AND ITS PARENT AND AFFILIATED AND SUBSIDIARY COMPANIES WILL BE REFERRED TO AS "US", "WE", "THE COMPANY" OR "THE BODY SHOP") . PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

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

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.

Prices

All prices and other amounts appearing on the S ite are quoted in Canadian dollars. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Order Acceptance

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.

Payment

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.

Sales Tax

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.

The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner expressly described in these Terms of Use and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify, index, catalogue or reproduce any part of the Site, in whole or in part, without prior written consent of The Body Shop. You may print pages from the Site provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not without the prior written permission of The Body Shop use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.

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.

Trademarks

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.

Contests

From time to time The Body Shop may make contests available to users of the Site and others. All contests are governed by these Terms of Use and the applicable Contest Rules. By participating in a contest through the Site, you signify your agreement and acceptance of these Terms of Use and the applicable Contest Rules.

External Links

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

We reserve the right to amend these Terms of Use without notice to you from time to time. If we decide to change these Terms of Use we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

Applicable Law

These Terms or Use are governed by and will be construed in accordance with the laws of Canada and Ontario, as applicable therein, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms of Use, or your access or use of the Site shall be subject to the exclusive jurisdiction of the Superior Court of Ontario and the Federal Court.

 

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.

Copyright Agent

Legal Department
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

General

If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Use and the remaining provisions will continue in full force and effect. These Terms of Use ensure to the benefit of and is binding upon each of The Body Shop and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. The Body Shop may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. The parties have expressly requested and required that these Conditions of Use and all other related documents be drawn up in the English language. Any rights not expressly granted by these Terms of Use are reserved to The Body Shop.

Comments

If you have any comments or questions about or Site please contact our customer service department at at Consumer.Helpdesk@thebodyshop.com.

Operator Notices

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.