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4. Return Policy
4.1. Nifty5 will happily refund or replace Products ordered on the Site or purchased from Nifty5 that are not satisfactory to the Customer.
4.2. The returned Products must be in their original condition, including but not limited to, not washed, not worn, without alterations, with the labels attached to the Products.
4.3. The Customer must submit a request for a return authorization by sending an email with the following information:
4.4. No returns or exchanges will be granted if the Customer has not obtained a Return Authorization Number from Nifty5. In the absence of a valid Return Authorization Number, Nifty5 will decline the return request automatically and will not be required to refund or replace the Product.
4.5. Nifty5 will handle a request for a Return Authorization as soon as possible when receiving it. If the Return Authorization Request is accepted by Nifty5, Nifty5 will email the Customer a Return Authorization Number including the return address. The Customer shall then:
– Print the PDF file received by email providing the Return Authorization Number;
– Print the original receipt for the purchase;
– Insert the PDF document “Return Authorization Number” and the original receipt in the box containing the item the Customer wishes to return.
4.6. Items purchased on the Site or directly from Nifty5 must be returned to the address showing on the Return Authorization PDF.
4.7. If a refund of the Product, Nifty5 will refund the Customer for the original selling price of the returned Products. The customer agrees to bear the return delivery costs. Return delivery costs are not refunded by Nifty5.
If an exchange of the Product, the customer agrees to bear the costs of reshipping the new Products to be sent.
4.8. All Products returned to Nifty5 are sent at the Customer’s risk.
4.9. Items purchased from a third party retailer or reseller must be returned or exchanged in that store within thirty (30) days of purchase and are subject to that retailer’s return policy.
5. Warranty policy
5.1. If the Customer has used the Products in a normal manner and in strict compliance with the instructions and/or recommendations provided by Nifty5 and discovers a manufacturing defect and obtains a Warranty Claim Authorization Number from Nifty5 within thirty (30) days of the date of delivery of the Products, Nifty5 shall, at its sole discretion, either replace or repair the defective Products or refund the purchase price, without any other compensation of any kind.
5.2. The Customer must submit a Warranty Claim Authorization Request within thirty (30) days of the delivery date of the Products, by sending an email and showing the following:
‘’Warranty Claim Authorization’’
5.3. No returns or exchanges will be granted if the Customer has not obtained a Warranty Authorization Number from Nifty5. In the absence of a valid Warranty Authorization Number, Nifty5 will automatically decline the warranty claim and will not be required to refund, replace or repair the Product.
5.4. In the absence of a valid Warranty Authorization Number, Nifty5 will automatically decline the warranty claim and will not be required to refund, replace or repair the Product.
5.5. Nifty5 will address a Warranty Claim Authorization Request as soon as possible when receiving it. If the Warranty Claim Authorization Request is accepted, Nifty5 will email the Customer a Warranty Claim Authorization Number with the return address. The Customer shall then:
– Print the PDF file received by email showing the Warranty Claim Authorization Number;
– Print the original receipt for the purchase;
– Insert the PDF document “Warranty Claim Authorization Number” and the original receipt in the box containing the item the Customer wishes to return.
5.6. Items purchased from the Site or directly from Nifty5 must be returned to the address showing on the Warranty Claim Authorization PDF.
5.7. The Replacement Product shall be the same as the original Product, if possible. If the copy is not available, the Customer may get a replacement product of equal value or may request a refund of the Product. If a refund of the Product, Nifty5 will refund the Customer for the original selling price of the returned Product.
5.8. The original item must be returned, without exception. All returned Products are sent at the Customer’s risk.
5.9. The return costs and shipping costs of the Exchange Product shall only be borne by Nifty5 if an apparent defect, or lack of conformity, is validated by Nifty5.
6. Limitation of Warranty
6.1. Nifty5 does not guarantee that the Products will not show any engineering issues or that the Products will comply with the laws in force at the location where they are delivered.
6.2. EXCEPT AS PROVIDED HEREIN, THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY OTHER WARRANTY OF ANY KIND. THIS EXCLUSION OF WARRANTY APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NIFTY5 DOES NOT GUARANTEE THAT THE PRODUCTS WILL MEET THE CUSTOMER’S REQUIREMENTS. IN NO EVENT SHALL NIFTY5 BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF NIFTY5 HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3. The Customer agrees that he/she will comply with the instructions and/or recommendations provided by Nifty5 in connection to the Products, failing which Nifty5 will not guarantee the Products in any way despite any contrary stipulation contained herein.
6.4. Without limiting the scope of the foregoing, the warranty policy provided for herein does not cover, and Nifty5 assumes no liability for damage caused, in particular but not exclusively, by accidents (e. g. snags, tears, burns, etc.), inappropriate care (e. g. sun exposure, colour bleeding or discolouration for improper care during washing, failure to observe the care of clothing above, etc.), negligence (e. g. gas / oil stains, burns, etc.), normal wear. Nifty5 accepts no exchange or return on products that have suffered such damage.
6.5. NIFTY5 MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF NIFTY5’S SERVICES OR THE INFORMATION, CONTENT, (INCLUDING SOFTWARE) OR SERVICES AVAILABLE ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE WWW.NIFTY-5.COM OR MADE AVAILABLE THROUGH SUCH MEANS. THE CUSTOMER EXPRESSLY AGREES THAT HIS USE OF THE SERVICES OFFERED BY NIFTY5 IS AT HIS SOLE RISK. INCLUDING BUT NOT LIMITED TO, NIFTY5 DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH NIFTY5’S SERVICES, ON THE SITE, ITS SERVERS, ELECTRONIC COMMUNICATIONS OR IN EMAILS FROM NIFTY5’S SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIFTY5 SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE SERVICES OFFERED BY NIFTY5 OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED IN ANY SERVICE OFFERED BY NIFTY5 OR OTHERWISE MADE AVAILABLE THROUGH ANY NIFTY-5 SERVICE OR ON ITS SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES.
6.6. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE CONSUMER PROTECTION ACT OF QUÉBEC, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR THE EXEMPTION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXEMPTIONS, EXCLUSIONS OR LIMITATIONS SET OUT BELOW MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Limitation of liability. NIFTY 5, OR ITS RELATED ENTITIES, IS LIABLE TO THE CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY CLAIM, DAMAGE OR ACTION IN CONNECTION HEREWITH OR FOR THE USE OR INABILITY TO USE THE PRODUCTS IS LIMITED TO RECOVERING DIRECT AND ACTUAL DAMAGES SUFFERED BY THE CUSTOMER. IN NO EVENT SHALL THE TOTAL OF THESE EXCEED THE FEES AND OTHER AMOUNTS PAID BY THE CUSTOMER TO NIFTY5 AT THE TIME THE CLAIM, REQUEST OR ACTION IS MADE.
8. Force majeure. Nifty5 shall not be liable for any cost, expense or damage resulting from any failure to perform or delay in performance when such failure to perform or delay is due to causes beyond its reasonable control, including, but not limited to, natural disasters, acts of governments, power failures, fire, floods, acts of God, industrial disputes, riots, acts of war, epidemics or input shortages and transportation problems. Shipment of the Product may be suspended for an appropriate period or cancelled by Nifty5 upon notice to the Customer of the foregoing, but the performance of Nifty5’s and the Customer’s other obligations shall not be affected.
9. Applicable law. These General Terms and Conditions and any agreement resulting therefrom shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to the principles of choice of law applicable.
10. Choice of jurisdiction. The Client and Nifty5 agree that any action or proceeding to enforce or arising out of these Terms and Conditions and any agreement resulting therefrom shall be brought in the courts of the Judicial District of Calgary in the Province of Alberta.
12. Questions. If you have any questions about these Terms and Conditions or if you would like more information, please contact us.