TERMS OF PURCHASE
Online Sales
Last Updated: January 27, 2022
In addition to the Terms of Use which govern your use of this website (the “Site”), these
Terms of Purchase govern any order or purchase you (the individual completing this order,
“you”) make on the Site operated by Designer Bud Inc. (“Designer Bud” or “Designer Bud
Apparel” or “we”). By proceeding to place an order and accepting these Terms of
Purchase, you agree to be bound by these Terms of Purchase whether or not you have read
them. If you do not agree to these Terms of Purchase, proceed to cancel your order now.
Please print a copy of these Terms of Purchase for your records.
YOU HAVE CERTAIN CANCELLATION RIGHTS UNDER APPLICABLE LAWS AS WELL AS IN SECTION 6 OF THESE TERMS OF PURCHASE.
1. Ordering Process
All advertisements on the Site are invitations to purchase and not offers to sell. Designer Bud
reserves the right, at its sole discretion, to accept or reject the order once the order form has been
completed and submitted.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated
with your account. Such e-mail is a confirmation that your order has been received by Designer
Bud but does not constitute acceptance of your order. Designer Bud reserves the right at any time
after receipt of your order to accept or decline your order for any reason and Designer Bud will
contact you at the e-mail address provided in the order form of its decision to accept or reject
your order. In the event that Designer Bud rejects the order, Designer Bud will have no
obligation to fulfill your order and you will have no obligation to pay Designer Bud for the order.
2. Availability
The purchase of products on the Site is subject to availability. In the event that Designer Bud
advises you that such products are no longer available, Designer Bud will have no obligation to
fulfill your order and you will have no obligation to pay Designer Bud for the order. This Site
only ships products to addresses in Canada.
3. Price
You agree to pay Designer Bud the amount set out as the “TOTAL” in your order summary as
part of the “Payment” step (the “Fee”). The Fee is quoted in Canadian dollars and includes
shipping and handling and all applicable taxes.
4. Method of Payment
When placing an order, your billing address must correspond to the address of your credit card,
otherwise we will not be able to process your order. Payments can only be made by credit cards
issued in Canada. Gift cards and gift certificates will not be applicable on the Site. On the Site
(including its mobile version), you may pay for your purchase using a valid VISA, MasterCard,
American Express or Discover card or PayPal and you authorize Designer Bud to charge the
applicable card for the Fee and you represent and warrant that you are the cardholder of the
applicable card. If your card is rejected by the card issuer, your order will not be shipped, and
Designer Bud will have no obligation to fulfill your order.
5. Shipment
Your order will be shipped via UPS to the Canadian delivery address specified by you during the
order process. Designer Bud is not responsible for any loss of the products following shipment
from Designer Bud’s or its agents’ or mandataries’ facilities to your delivery address.
6. Passwords
You are responsible for the security of your account and password. Designer Bud will not be
liable for any damages and expenses arising out of or relating to any unauthorized use of such
password.
7. Privacy
Designer Bud’s personal information practices on the Site are governed by Designer Bud’s
privacy policy which can be found at DesignerBud.ca Please review the privacy policy and print
a copy for your records.
8. Changes to the Terms of Purchase
Designer Bud may at any time modify these Terms of Purchase by providing you notice, via e-
mail or mail, to the e-mail or billing address associated with your account, all in accordance with
applicable laws.
9. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL
DESIGNER BUD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER
DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY
PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR
NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY
NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF
THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT.
DESIGNER BUD’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY
AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY
PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE
LIMITED TO ALL FEES PAID BY YOU TO DESIGNER BUD HEREUNDER FOR THE
PURCHASE OF SUCH PRODUCTS.
TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY
OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY
PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING
FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE;
HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS,
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR
LOCAL LAWS.
10. Cancellation Laws
Certain Canadian jurisdictions may provide you specific cancellation rights; Designer Bud will
respect all such applicable laws.
11. Applicable Law
This Agreement will be governed by the laws of the province of Ontario and the laws of Canada
applicable therein unless the applicable laws of your province of residence requires that the laws
of such province to govern, in which case, the laws of such province are to govern. The exclusive
jurisdiction for any claim, action or dispute with Designer Bud or relating in any way to your use
of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless
required otherwise by applicable laws of your province of residence. The parties hereby
expressly agree to exclude the application of the United Nations Convention on Contracts for the
International Sale of Goods as amended, replaced, or re-enacted from time to time.
12. General
Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along
with your purchase order/invoice are the entire agreement between you and Designer Bud with
respect to any purchase made by you on the Site and supersede all previous agreements,
understandings and representations relating thereto. No failure by Designer Bud to exercise any
rights, powers, or remedies hereunder or its delay to do so will constitute a waiver of these rights,
powers or remedies, and all waivers will be in writing. The single or partial exercise of a right,
power or remedy will not prevent its subsequent exercise or the exercise of any other right,
power or remedy. If any provision of this Agreement or part thereof is or becomes illegal,
invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that
provision will not affect the legality, validity, or enforceability of the remainder of the provision
or the remaining provisions of this Agreement, as the case may be, or the legality, validity or
enforceability of that provision or part thereof in any other jurisdiction. Designer Bud will not be
liable for any delay or failure to perform any of its obligations under these Terms of Purchase if
such delay or failure is due to causes beyond its control. You may not assign these Terms of
Purchase to any third party without the prior written consent of Designer Bud. These Terms of
Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor,
administrator, and other legal representatives; and (ii) Designer Bud and it successors and
assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase,
the wording in these Terms of Purchase will prevail. It is the express wish of the parties that
these Terms of Purchase and all related documents be drawn up in English. C’est la volonté
expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent
soient rédigés en anglais.
You may contact Designer Bud by going to the “Contact Us” section in the top right corner of
the website, complete the contact form and send, and at support@designerbud.ca
13. Product Purchase Limitations
To ensure better service and better availability of our products, Designer Bud limits the quantity
of products that can be purchased as follows: no more than 8 products per transaction, with no
more than 2 identical products per such transaction. Also, customers cannot, within 4
consecutive weeks, (i) buy more than 8 products, on our online store, or (iii) conduct more than 8
transactions of all kinds of products within 4 consecutive weeks.
To ensure the observance of those restrictions, Designer Bud Inc. processes your purchase
history. In case of non-observance, our client advisors may refuse further transactions with you,
for a period of 2 years from your last purchase. For more information, please read our privacy
policy in store or on www.designerbud.ca.
14. Ordering Process
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated
with your order. Such e-mail is a confirmation that your order has been received by Designer
Bud but does not constitute acceptance of your order. Designer Bud reserves the right at any time
after receipt of your order to accept or decline your order for any reason and Designer Bud will
contact you at the e-mail address provided in the order form of its decision to accept or reject
your order. In the event that Designer Bud rejects the order, Designer Bud will have no
obligation to fulfill your order and you will have no obligation to pay Designer Bud for the order.
15. Availability
The purchase of products is subject to availability. In the event that Designer Bud advises you
that such products are no longer available, Designer Bud will have no obligation to fulfill your
order and you will have no obligation to pay Designer Bud for the order. Designer Bud Canada
only ships products to addresses in Canada.
16. Price
You agree to pay Designer Bud the total amount communicated to you over the telephone which
will be set out in your invoice (the “Fee”). The Fee is quoted in Canadian dollars and includes
shipping and handling and all applicable taxes.
17. Method of Payment
When placing an order, your billing address must correspond to the address of your credit card,
otherwise we will not be able to process your order. Payments can only be made by credit cards
issued in Canada. Gift cards and gift certificates will not be applicable to telephone sales. You
may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card
and you authorize Designer Bud to charge the applicable card for the Fee and you represent and
warrant that you are the cardholder of the applicable card. If your card is rejected by the card
issuer, your order will not be shipped, and Designer Bud will have no obligation to fulfill your
order.
18. Shipment
Your order will be shipped to the Canadian delivery address specified by you during the order
process. Designer Bud is not responsible for any loss of the products following shipment from
Designer Bud’s or its agents’ or mandataries’ facilities to your delivery address.
19. Privacy
Designer Bud’s personal information practices are governed by Designer Bud’s privacy policy
which can be found at DesignerBud.ca. Please review the privacy policy and print a copy for
your records.
20. Changes to the Terms of Purchase
Designer Bud may at any time modify these Terms of Purchase by providing you notice, via e-
mail or mail, to the e-mail or billing address associated with your account, all in accordance with
applicable laws.
21. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL
DESIGNER BUD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER
DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY
PRODUCTS PURCHASED FROM DESIGNER BUD OR THEIR USE OR MISUSE,
WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL
APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR
CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS
AGREEMENT.
DESIGNER BUD’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY
AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY
PRODUCTS PURCHASED FROM DESIGNER BUD AND ANY USE MADE THEREOF
WILL BE LIMITED TO ALL FEES PAID BY YOU TO DESIGNER BUD HEREUNDER
FOR THE PURCHASE OF SUCH PRODUCTS.
TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY
OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY
PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING
FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE;
HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS,
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR
LOCAL LAWS.
22. Cancellation Laws
Certain Canadian jurisdictions may provide you specific cancellation right; Designer Bud will
respect all such applicable laws.
23. Applicable Law
This Agreement will be governed by the laws of the province of Ontario and the laws of Canada
applicable therein unless the applicable laws of your province of residence requires that the laws
of such province to govern, in which case, the laws of such province are to govern. The exclusive
jurisdiction for any claim, action or dispute with Designer Bud or relating in any way to your
purchase will be in the courts of the province of Ontario unless required otherwise by applicable
laws of your province of residence. The parties hereby expressly agree to exclude the application
of the United Nations Convention on Contracts for the International Sale of Goods as amended,
replaced, or re-enacted from time to time.
24. General
These Terms of Purchase along with your purchase order/invoice are the entire agreement
between you and Designer Bud with respect to any telephone purchase made by you and
supersede all previous agreements, understandings and representations relating thereto. No
failure by Designer Bud to exercise any rights, powers, or remedies hereunder or its delay to do
so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing.
The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise
or the exercise of any other right, power or remedy. If any provision of this Agreement or part
thereof is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality,
invalidity, or unenforceability of that provision will not affect the legality, validity, or
enforceability of the remainder of the provision or the remaining provisions of this Agreement,
as the case may be, or the legality, validity or enforceability of that provision or part thereof in
any other jurisdiction. Designer Bud will not be liable for any delay or failure to perform any of
its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its
control. You may not assign these Terms of Purchase to any third party without the prior written
consent of Designer Bud. These Terms of Purchase will be binding upon and will ensure to the
benefit of (i) you and your heir, executor, administrator, and other legal representatives; and (ii)
Designer Bud and it successors and assigns. It is the express wish of the parties that these Terms
of Purchase and all related documents be drawn up in English. C’est la volonté expresse des
parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés
en anglais.
You may contact Designer Bud by going to the “Contact Us” section in the bottom right corner
of the website, complete the contact form and send, and at support@designerbud.ca