Effective Date: March 15, 2023
Welcome to SHEIN’s Canadian web and mobile site.
These terms and conditions ( "Agreement" or "Terms" ) govern your use of the https://ca.shein.com/ website (the "Site” ), related SHEIN mobile application(s) available to Canadian residents (the "App(s)" ), any other written, electronic, and oral communications with SHEIN, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and Apps, the "Services" ). You must be the age of majority in the province or territory in which you reside for the purposes of entering into this Agreement and to use the Services.
BY ACCESSING THE SITE OR BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITE OR USE THE SERVICES.
SOME JURISDICTIONS, SUCH AS THE PROVINCE OF QUEBEC, DO NOT ALLOW ARBITRATION OR CLASS ACTION WAIVERS IN CERTAIN CIRCUMSTANCES; SO THE FOLLOWING MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
1.1 Ownership. The Site and the Apps are owned by Roadget Business Pte. Ltd. and are licensed by SHEIN Distribution Canada Limited. In Canada, the seller and payment collection entity is SHEIN Distribution Canada Limited. Where applicable, "SHEIN" the "Company” , "we" , "us" and "our" shall refer to SHEIN Distribution Canada Limited and "you" or "your" shall refer to the user of the Services.
The Services are intended to promote the Company’s products and services available in Canada. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. Subject to Applicable law, we reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with SHEIN after the posting of changes, you accept and agree to any such changes.
1.3 Incorporation of Policies.
, Bonus Point Policy
, Coupon Policy
and Gift Card Policy
are hereby incorporated by reference into these Terms. Please note that additional terms and conditions may apply to specific portions or features of the Services, including contests, promotions or similar features. If indicated therein, such additional terms and conditions may be incorporated by reference into these Terms.
2. USE OF OUR SERVICES
2.1 Use of Services. Subject to the terms and conditions of this Agreement, SHEIN hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on an internet browser, for our Site, or on a mobile device, for our Apps, only for the purpose of personal, non-commercial, shopping for items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
- Use the Services for any unlawful purposes, or in a way that could violate any applicable federal, provincial, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
- Use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
- Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a SHEIN user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your account, including your password, as well as any and all activity that occurs under your User Account. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App's security. You warrant and confirm that you will only use your own User Account or password.
If you already have an account as of the Effective Date of these Terms, your account will be administered by SHEIN Distribution Canada Limited. Your Wallet (defined below) will only work in the Canada. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to terminate accounts and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. You may terminate your User Account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the "Contact Us" section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose those assets, except as provided by applicable law, if you do not reach out to Customer Service
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time and consent to receiving such emails. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Wallet. If you create a User Account, you will be provided with a SHEIN digital wallet ( "Wallet" ) that can be used to collect and hold Wallet credits, promotional coupons, and promotional points, and to track gift cards (see details on each type below) issued by SHEIN via the Services. The Wallet is provided as a convenience to enable you to store and/or readily access these features; you cannot load your own funds to the Wallet, and nothing held in the Wallet has any cash value except as expressly indicated below. Wallet credits, promotional coupons, promotional points, and gift cards can only be redeemed in connection with purchase of products from SHEIN, and not for any other purpose. The Wallet is accessible via the Site or the App in the section "My Assets" of your User Account. Wallet credits, promotional coupons, promotional points, and gift cards cannot be redeemed for cash, except as may be required under applicable law. Your total My Assets balance, including Wallet credits, cannot exceed $2,000 CAD at any time. In addition, subject to applicable law, we may further provide value limits to each of Wallet credits, gift cards, or coupons for a specific dollar amount, at our sole discretion.
Promotional points are stored in your Wallet. Promotional points may be earned by participating in certain activities and by purchasing products on the Site or the App, as further detailed in Bonus Point Policy
, promotional points are subject to expiration and cancellation by the Company in accordance with the Bonus Point Policy. Promotional points can only be redeemed on the website through which they were granted (for example, if promotional points were granted on the ca.shein.com website, then they can only be redeemed on that website).
Coupons are subject to additional terms and conditions found in SHEIN’s Coupon Policy
, which may change from time to time with or without notice. Coupons provided to you are subject to expiration in accordance with the Coupon Policy. The use of coupons granted by SHEIN is subject to limitations as provided in connection with each promotional coupon. Promotional coupons can only be used on the website through which they were granted (for example, if a promotional coupon was granted on the ca.shein.com website, then it can only be used on that website).
Wallet credit may be provided to you when you return goods in accordance with our Return Policy
and choose a Wallet credit in lieu of the refund to your payment method option. In electing to receive a Wallet credit instead of a refund to the payment method used for your purchase, you understand and agree that you will not receive and will no longer be able to receive a refund to your payment method or any other method. The Wallet credit cannot be redeemed for cash and does not have any cash value, except as may be required under applicable law. Wallet credits can only be redeemed on the website through which the Wallet credit was granted (for example, if you ordered and subsequently returned a product on the ca.shein.com website and elected to receive a Wallet credit, that Wallet credit can only be redeemed on that website).
Gift cards may be tracked under the "My Assets" section of your User Account. You can view your gift card balance by entering the gift card number and pin. Your gift card balance is the value of the gift card less any amounts that have already been redeemed for purchases, if any. Gift cards are subject to the terms and conditions set out in SHEIN’s Gift Card Policy
. Gift cards provided to you free of charge as a promotion may be subject to expiration or cancellation by Company in accordance with the Gift Card Policy
and the terms of any such promotional gift card. Gift cards can only be redeemed on the website through which they were purchased or provided (for example, if a gift card was purchased or provided through the ca.shein.com website, then it can only be redeemed on that website).
2.5 Accurate Information. You must provide true, accurate and complete data when making a purchase, and it is your sole responsibility to make certain that such data is true, accurate, and complete. All consignee names, addresses and payer names must also be true, accurate and complete. If any information is missing, incomplete or otherwise incorrect, and that leads to a shipment delay or cancellation, SHEIN will not be responsible for any such delay or cancellation and will not pay or offer any compensation in relation to same.
While we strive to provide accurate information on the Website and Apps, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Website or the Apps is inaccurate at any time without prior notice, including after your order has been submitted.
5.1 Prices and Orders. All product prices listed on the Site or on the Apps are exclusive of shipping charges and any goods and sales tax, provincial sales tax, harmonized sales tax, and other taxes or fees (where applicable), which will be charged to you separately at the applicable rate on each order.
Prices may change at any time, but (other than as set out above under Section 4, "Errors") changes shall not affect the orders for which we have sent an Order Confirmation. All amounts are in Canadian dollars unless otherwise noted on the Site or in the App.
For a detailed description of our order process, please visit How to Order
. Credit cards are subject to verification and authorization by the card issuer. Registered users’ purchase and order history are available in the "My Orders" section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” on the Site or Apps, you are offering to purchase products from us, the acceptance of which is in our sole discretion; such confirmation (if any) will be communicated to you in the Order Confirmation. For the avoidance of doubt, we reserve the right, in our sole discretion, not to accept your offer to purchase any products from us.
You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating such transaction.
By using the Services and agreeing to these Terms, you also agree to be bound by any third-party payment terms, and You consent and authorize us and any third-party payment provider to share any information and payment instructions you provide with third party service provider(s) to the minimum extent required to complete your transactions. You can find more information about payment at Payment Method
. You are responsible for all transactions (one-time, recurring, and refunds) processed through any third-party payment provider. SHEIN is not liable for loss or damage from errant or invalid transactions processed by any third-party payment provider. This includes transactions that were not processed due to a network communication error, or any other reason. If you enter into a transaction, it is your responsibility to verify that the transaction was successfully processed.
You agree to pay for all amounts specified in an Order Confirmation, including all shipping charges and local sales tax and other applicable taxes. We are responsible as an importer for duties and tariffs.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform
to correct the error.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be an accurate depiction of the color of the product you selected to purchase.
5.3 Title and Shipment. Title to any purchased items fulfilled in Canada transfers from the respective Company selling entity (i.e., SHEIN Distribution Canada Limited if you are in Canada) to you when the products are delivered to the shipping address provided by you. Subject to applicable law, any claims arising from shortage or damage during delivery of the order by the carrier to your delivery address must be made to customer service within fourteen (14) days after your receipt of the goods. At our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms & conditions as set forth herein), or we will reimburse you the entire amount specified in the Order Confirmation, including all shipping charges and local sales tax and other applicable taxes (provided that such cost does not include the cost of shipping other items that were delivered without damage).
5.4 Return of product. You may return purchased goods within 45 days from the purchase date by notifying us of your decision to do so via the respective return functions on the Site or App. We will provide free return shipping for only the first return on any given purchase order.
Based on your request, we will either exchange the product or refund you the purchase price. If we refund you the purchase price, the refund will be credited, at your election, either to your Wallet associated with your User Account or to your original method of payment.
The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
Company reserves the right, including without prior notice, to limit or discontinue the availability of any product, good, or service.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, "Content"
6.2 SHEIN Marks. The trademarks, service marks, icons, custom graphics, word marks and logos contained on the Site and the Apps ( "Marks" ), are owned by Company or licensed to Company to use such marks or to sell products bearing such Marks. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. The Marks, whether on any product offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of the Site or the Apps, are not a representation that Company is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. Company sources some of its products from third-party manufacturers and wholesalers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Site and Apps without the prior written consent of the Company or the respective owners or licensors, such consent may be arbitrarily withheld. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to SHEIN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, royalty-free, sub licensable, irrevocable and transferable right and license to duplicate, use, exploit, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and are subject to the Company’s review and monitoring. You also waive all moral rights therein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We reserve all rights not expressly granted in and to the Content.
6.4 Reviews, Comments and Submissions.
Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or Apps, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions"
), and by submitting or posting, you agree to irrevocably license all intellectual property ( "IP"
) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, sub licensable, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to SHEIN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate all your Submissions. You also waive all moral rights in any Submissions.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to our Site or Apps, including but not limited to your Submissions, such contributed content shall be considered as user-generated content ( “UGC” ) to extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
- Sexually explicit or pornographic content;
- Derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
- Incitements to violence or other dangerous activities;
- Terrorism or other criminal activities;
- Insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
- Harassment, bullying, or threats;
- Dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
- Transactions in cryptocurrencies;
- False medical-related claims or contents;
- Content that infringes intellectual property rights;
- Content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
- Any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that SHEIN, in its sole discretion, may remove, block any UGC it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that SHEIN is not obligated to police or actively review UGC prior to its display on SHEIN’s Sites or Apps, and that you are therefore solely responsible for the UGC you elect to post on the Sites or the Apps.
7. THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us. References on our Site and Apps to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8. TEXT MESSAGING PROGRAM
GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.
8.1 Enrollment. You must expressly agree and consent to enroll in SHEIN’s text messaging (SMS) program. Your consent to participate in our SMS program is not a condition of making a purchase and it is not required to use our Site, App, or Services.
8.2 Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed.
8.3 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
8.4 Your Duties for Your Own Phone Number.
If you enroll in SHEIN’s SMS program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center
immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under applicable Canadian laws.
8.5 Participation Subject to Termination or Change. If you enroll in SHEIN’s SMS program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
9. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( "Force Majeure" ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout, or other forms of protest;
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster;
- Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private;
- Inability to use public or private telecommunication systems;
- Acts, decrees, legislation, regulations or restrictions of any government or public authority; and
- Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
10. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE FOLLOWING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
10.1 Company Liability. Unless otherwise indicated expressly in these Terms, our liability regarding any product acquired on our Site shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- In case of death or personal harm caused by our negligence;
- In case of fraud or fraudulent deceit; or
- In any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
10.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of business or management time.
10.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. For the avoidance of doubt, we shall not be liable under any circumstances for any damages caused to you by the acts or omissions of a third party who, without our authorization, affects our information technology systems.
11. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SHEIN TO YOU.
- (1) BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE EVEN IF SHEIN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- (2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
- (3) NOTWITHSTANDING ANYHTING TO THE CONTRARY, THE SOLE AND ENTIRE MAXIMUM LIABLILITY OF SHEIN FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMIDY FOR ANY CAUSE OR CLAIM WHATSOEVER,SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,INFORAMTION OR SERVICE PURCHASED BY YOU FROM SHEIN ON THIS WEBSITE.WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
- (4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
12. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN CANADA
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
12.1 Initial Dispute Resolution.
We are available by email at [email protected]
to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
12.2 Agreement to Binding Arbitration. This section does not apply to you if you are a consumer residing in the province of Quebec. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. Unless otherwise prohibited by law in the province or territory in which you reside, all claims arising out of or relating to the Terms (including their formation, performance, and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration in accordance with the ADR Institute of Canada’s Arbitration Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the ADR Institute of Canada’s Arbitration Rules. The arbitrator, and not any federal, provincial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the law in the province or territory in which you reside.
The ADR Institute of Canada’s Arbitration Rules governing the arbitration may be accessed at https://adric.ca/rules-codes/arbrules/. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty Canadian Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to the arbitrator along with your form for initiating the arbitration, and we will pay all necessary fees directly to the arbitrator. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to the arbitrator. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and we understand that if this mandatory arbitration provision is invalid or prohibited by law in the province in which you reside, you and we have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
12.3 Class Action and Class Arbitration Waiver. SOME JURISDICTIONSDO NOT ALLOW ARBITRATION OR CLASS ACTION WAIVERS IN CERTAIN CIRCUMSTANCES, SO THE FOLLOWING MAY NOT APPLY TO YOU. Unless prohibited by law in the jurisdiction in which you reside, you and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
12.4 Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5 30-Day Right to Opt-Out. This section does not apply to you if you are a consumer residing in the province of Quebec.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at [email protected]
The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.
12.6 Exclusive Venue for Litigation. SOME JURISDICTIONS IN CANADA DO NOT ALLOW THE IMPOSITION OF A JURISDICTION OTHER THAN THE CONSUMER’S PLACE OF RESIDENCE; SO THE FOLLOWING MAY NOT APPLY TO YOU. Unless prohibited by law in the jurisdiction in which you reside, to the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in the provincial or federal courts located in Ontario (except for small claims court actions which may be brought in the jurisdiction where you reside). You and we expressly consent to exclusive jurisdiction in Ontario for any litigation other than small claims court actions. In the event of litigation relating to the Terms or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
13. LEGAL TERMS
13.1 Assignment. You may neither assign or transfer this Agreement nor any of your rights or obligations under this Agreement (including, for the avoidance of doubt, any warranties, conditions, or guarantees hereunder) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
13.2 Entire Agreement; No Waiver.
, and any other legal notices published on the Site or Apps, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
13.3 Indemnification. To the extent permitted by applicable law, you agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
13.4 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
13.5 Applicable Law. If you are a resident of Canada, your use of our Site and the product purchase contracts through said Site shall be governed by the laws of the province or territory in which you reside.
14. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We reserve the right, but not the obligation, to terminate your license to use the Services if we determine in our sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
If you believe that any material located, or linked to, on the Services violates your copyright, trademark, or other intellectual property rights, you are encouraged to notify us by following the procedures set forth below to request a review of the alleged infringement.
Please send us a notice (“Notice”) by email to [email protected]
with the subject "Takedown Request," and include the following information:
- If a copyright is at issue, identify the copyrighted work that you claim has been infringed along with any copyright registration number.
- If a trademark is at issue, identify the trademark that you claim has been infringed along with any trademark registration number.
- If a patent is at issue, identify the patent that you claim has been infringed along with the patent registration number.
- Identify the material on our Services that you claim is infringing your rights and provide us with information reasonably sufficient to permit us to locate the allegedly infringing material.
For example, if the allegedly infringing material is a product, identify the product by providing a description and a link to such product.
- Provide your full legal name, company affiliation, mailing address, telephone number, and email address.
- Include in the body of your Notice the following statements, followed by your electronic or physical signature: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright, or other proprietary right, owner, its agent, or the law. I hereby state that the information in this Notice is accurate and state, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
We will evaluate all Notices and reserve the right, but not the obligation, to remove any material or disable any links to any material, as required or appropriate, including any Submissions.
15. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at [email protected]
or through our Customer Service Platform
. Our business address is 10 Canfield Drive, Markham, ON L3S 3J1 Canada and our general telephone number is +1 (888) 851-9181.