Terms and

Terms and Conditions

Welcome to the different.fashion website! Before using our website and services, it is important to review and agree to our Terms and Conditions, Privacy Policy and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions”). In these terms, we outline the rights and obligations that come into effect when using our website and/or making a purchase, as well as protecting your confidential information. We recommend that you carefully read these terms and be aware of all the details to avoid any misunderstandings.

Please read these Terms carefully before using and/or placing an order from this Website. By using this site and/or placing an order from this Site, you accept these Terms and our Privacy Policy and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not place an order from the site or use the site or any of the services provided on the Site.

1. INTRODUCTION

These Terms constitute an agreement between you (hereinafter, “you” or “your”) and AG Creative Studio Inc., a corporation incorporated under the laws of Ontario, Canada with its head office at 248 Flagstone Way, Newmarket, Ontario, Canada, operating and licensing as Different (hereinafter, “us,” “our,” “we,” or “Different”), in relation to your use of the different.fashion website (hereinafter, “Website” or “Site”), the goods and services offered and sold through the Website, and any orders you place through the Website. Before you place an order, please carefully read these Terms and our Privacy Policy. If you have any questions about these Terms or our Privacy Policy, you may contact us through our contact form, or by email at advice.different@zohomail.com.

2. USE OF OUR WEBSITE

By using our website and/or placing an order, you agree to the following:

1. You may only use the website to make legitimate inquiries and/or place orders.
2. You will not make any speculative, false, or fraudulent orders. We reserve the right to cancel any such orders and notify the relevant authorities.
3. You agree to provide correct and accurate contact details, including email, shipping, billing addresses, postal code and/or other contact details. You acknowledge that we may use these details to contact you if this should prove necessary. Please refer to our Privacy Policy for information on how we use your personal information.
4. Incomplete and/or inaccurate information may result in the inability to process your order.
5. You will not attempt to interfere or will not interfere in any way with the website, website’s networks or related security, nor use the website to gain unauthorized access to other computer systems.
6. You will not use the website to communicate, transmit or post material that infringes on the intellectual property, privacy, or publicity rights of others.
7. You will not engage in conduct that violates any applicable city, provincial, national or international laws or regulations.
8. By placing an order on our website, you represent and warrant that you are at least 18 years old and legally capable of entering into binding contracts.

We reserve the right to impose rules and limits on website usage, as well as restrict access to the site, either partially or entirely. We also reserve the right to amend these rules and limitations at our sole discretion.

3. PLACING AN ORDER

No contract ("Contract") for the purchase of a product from our website shall exist between you and Different until your order has been accepted by us and we send you a Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, a full refund will be provided.

To place an order, you will be required to follow the shopping process online and press the “Place Order” button at the checkout page to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation” email). Please be aware that this does not imply that your order has been accepted, as your order constitutes an offer from you to purchase one or more products from us. All orders are subject to our acceptance, which will be confirmed by sending you an email confirming the dispatch of the product(s) (the "Shipment Confirmation"). We are not obligated to supply any other products that may have been included in your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

4. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

5. ITEM AVAILABILITY AND SOLD-OUT ITEMS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you have paid in respect thereof. For sold-out items listed on our website, you have the option to leave a request for notification when the item becomes available. Once the requested item is back in stock or available for pre-order, you will be notified via email and informed of the expected shipping date for the backordered item. Backordered items will be shipped as soon as they become available.

6. MODIFICATIONS TO WEBSITE

We reserve the right to withdraw any product from this Website at any time and/or to remove or edit any materials or content on this Website at any time. We will not be liable to you or any other third party by reason of our withdrawing any product from this Site, whether it has been sold or not, removing or editing any materials or content on this Site or for refusing to process or accept an order after we have sent you the Order Confirmation. In addition, we may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Site, and we will not be liable to you or to any third party for doing so.

7. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law (which may not include Quebec), We do not warrant that the product descriptions, colours, information or other content available on the site are accurate, complete, reliable, current, or error-free.

8. DELIVERY

The products available through this Website are only available for delivery to addresses within Canada. We do not offer international shipping at this time.

We offer delivery services through Canada Post, with estimated delivery time provided during the checkout process based on the information available at that time and is subject to change. We make every effort to ensure timely delivery, but we cannot guarantee specific delivery dates. Delivery charges, if applicable, will be communicated during the checkout process. These charges may vary based on the weight, size, and destination of the package. Once your order has been shipped, you will receive a shipment confirmation email with tracking information to the email address you provided during the checkout process. You can track your package using the tracking number provided.

We are not responsible for any delays, lost packages, or damages that may occur during transit. In the event of any delivery issues, we will assist you in resolving the matter with Canada Post to the best of our ability. Delivery is subject to the terms and conditions of Canada Post. Any disputes or issues related to the delivery service should be addressed directly with Canada Post.

Please ensure that the shipping address provided is accurate and complete. We are not responsible for any delivery failures due to incorrect or incomplete address information. In the event that a package is returned to us due to failed delivery attempts or incorrect address information provided by the customer, additional shipping charges may apply for reshipment. If you have any questions or concerns regarding the delivery of your order, please contact our team for assistance.

By placing an order on our website, you acknowledge and accept the above terms and conditions regarding delivery through Canada Post and agree to receive email communications from Canada Post counting information related to your order.

Please note the delivery time does not cover our processing time. Delivery times are an estimate and are subject to the carrier. For more information on our shipping and processing times, please visit our Shipping page located at the bottom of this website or follow this link https://different.fashion/shipping.

We will consider delivery of a signature required delivery to have occurred upon signing for receipt of the products upon delivery. We will consider delivery of a parcel that does not require a signature for delivery to have occurred upon confirmation from the delivery service that the parcel has been left at the agreed delivery address or otherwise as stated in the delivery confirmation notice.

9. INTELLECTUAL PROPERTY

The Site, including all of its information and content thereon such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Content”), are the property of Different or our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Content from the Site, in whole or in part, for any public or commercial purpose without the specific prior written permission from Different.

We do grant you a personal, limited, non-exclusive, non-transferable license to access the Site and use the information and services provided on the Site. However, we reserve the right, at our sole discretion and without prior notice, to revise the products and services offered on the Site, as well as to terminate, change, suspend, or discontinue any aspect of the Site, including the Content and the availability of features and hours of operation. We are not liable to you or any third party for any such actions. Subject to Section 19, we may also impose rules and restrictions on the use of the Site or restrict your access to certain parts or the entirety of the Site without notice or penalty. We retain the right to modify these rules and/or limitations at our sole discretion and at any time.

As between you and Different (or any other person whose marks appear on the Site), Different (or such other person or company) is the rightful owner and/or authorized user of all registered or unregistered trademarks, trade names, and service marks found on the Site. Different (or its affiliates) holds the copyright ownership or license to the Content on the Site unless otherwise stated. The Different Intellectual Property, which includes Different logos, designs, titles, phrases, product names, copyrights, trademarks, service marks, trade dress, and other intellectual property in such materials (collectively, “Different Intellectual Property”) are owned by Different or its affiliates and may be registered in Canada and internationally. You agree not to display or use the Different Intellectual Property in any manner without Different's specific prior written permission, which may be withheld in Different’s sole and absolute discretion. Nothing on the Site should be construed to grant any license or right to use any Different Intellectual Property without the specific prior written permission of Different.

Except as otherwise provided herein, your use of the Site does not grant you a license to any Content or features available on the Site. Therefore, you are prohibited from modifying, renting, leasing, loaning, selling, distributing, or creating derivative works of such Content, features, or materials, either in whole or in part. Commercial use of the Site is strictly forbidden, except as expressly allowed herein or with our prior approval. You are not permitted to download or save any Materials or screens from the Site unless otherwise provided by Different.

Any unauthorized use of the Site, beyond what is permitted herein, may result in a violation of copyright and other laws of Canada and applicable provincial laws, for which you may be subject to liability. The information on the Site including, without limitation, site design, text, graphics, interfaces, and the selection and arrangement of elements, is protected by copyright law and other applicable laws. This does not prevent you from using the Website to the extent necessary to make a copy of any order.

Different does not claim that the Site may be lawfully viewed or that content may be downloaded outside of Canada. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction. Any use of the Content, except as expressly provided in these Terms, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content.

10. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the Site constitutes an infringement of your copyright, trademark or other intellectual property rights please provide us with notice in written notice by filling out the form on our contact page or by emailing us at advice.different@zohomail.com and include the following information:

1. Evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark.
2. A description of the copyrighted work or trademark that you claim has been infringed;
3. Details on the location of the alleged infringing material on the Site, including the permalink where it can be found.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, affirming that the information provided in your notice is accurate and that you are the copyright owner or trademark owner or that you are authorized to act on the owner's behalf;
6. Your contact information, including your address, telephone number, and email address.

We take intellectual property rights seriously and will promptly review and address any valid infringement claims. Please note that we are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

11. INDEMNIFICATION

You agree to defend, indemnify, save and hold Different, its affiliates, content and service providers, as well as their directors, officers, employees, and agents free from any claims, liabilities, damages, costs, and expenses. This includes reasonable attorneys' fees, that may arise in connection with your use of the Site, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you. This also includes any third-party claims that may arise from the belief that any information or materials you provide infringe upon any third-party proprietary rights.

12. WRITTEN COMMUNICATIONS

When using the Site, you accept that communication with us will be mainly electronic via emails and text messages and that such communication will be binding on you and Different. We will contact you by email, text messages, push notifications (if you have enabled them), or provide you with information by posting notices on our Site. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Additional information about our communications, their types, and methods can be found on our Privacy Policy at the bottom of this website or by link https://different.fashion/privacy-policy.

13. YOUR ACCOUNT, PASSWORDS, AND SECURITY

You may choose to register at our Site to access some of our services. You agree that all information which you submit (“Account Information”) is true and complete and that you will update your Account Information to keep this information true and complete. Upon registration, you will create a password which should be kept confidential. You are solely responsible for any use of, or action taken under, your password on the Site. Your password will be used to access your account to review and manage your information, order/s history, information regarding potential and completed transactions change your preferences, and otherwise access and use the Site and services on the Site in accordance with these Terms.

When registering an account on our website, you also become a part of our Loyalty Program, which includes a points accumulation system and a tiered benefits system. More detailed information about the loyalty program rules can be found on our Loyalty Program at the bottom of this website or by this link https://different.fashion/loyalty-program. By creating an account on our website, you automatically agree to the Terms of this Loyalty Program.

It is your responsibility to maintain the security of your password and not disclose it to any unauthorized third parties. You accept full responsibility for all transactions and activities conducted through your account, and agree to and hereby release Different, its affiliates, their respective content and service providers and their respective directors, officers, employees and agents from any liability associated with such transactions or activities. If you suspect any loss, theft, or unauthorized use of your account or password, please notify us immediately. While we take reasonable security measures to safeguard data transmission, we disclaim liability for unauthorized access to such data or communications. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

Except as may be prohibited by Quebec law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Different’s best interests to do so.

14. POSTED CONTENT AND SUBMISSIONS

As part of your use of the Site or services offered on the Site, you may upload, post, distribute, or share (collectively, "post") content and materials (including, but not limited to, photographs and images taken by you, captions, and comments) in the form of reviews or any other format provided on the website or send us materials by email (including, but not limited to, photographs taken by you, articles written by you, captions, and comments), which we, at our sole and absolute discretion, may allow you to post (collectively, the "Posted Content") on the Site.

By posting your content on our website, you grant Different the right and worldwide non-exclusive license to use, reproduce, modify, publish, and distribute the content posted on the Website, as well as its promotion and advertising in any way, and hereby waive any moral rights in such Posted Content to the fullest extent permitted by law.

By leaving a review or posting other materials, you confirm that you have all necessary rights and permissions to use and distribute such content. You also warrant that if you are not the owner of any such rights, the owner of such rights has fully and effectively waived all such rights and lawfully and irrevocably granted you the right to grant the license specified above. You acknowledge and agree that you are fully responsible for the form, content, and accuracy of any published content. You agree not to post false or inaccurate materials, delete or revise materials that you did not post.

You are responsible for any materials you post on the Website and for the consequences of your publications. You agree not to do any of the following:

1. Post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it.
2. Post any material that reveals a trade secret unless you own the trade secret or have the owner's permission to post it.
3. Post any material that infringes on any intellectual property right of another or the privacy or publicity rights of another.
4. Post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, or hateful to another user or any other person or entity; post any chain letter or pyramid scheme; or
5. Post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

We recommend that users do not post their personal information, such as addresses, phone numbers, email addresses, or payment information, on our website. If you need to share such information, we recommend using the contact form on our contact page, private messages, or other means of communication.

Please carefully read and abide by these rules when posting materials on our website. We reserve the right to change or update these rules at any time without prior notice. In the event of a violation of these rules, we may take action, including removing posted content or blocking the user.

Different does not represent or guarantee the truthfulness, accuracy, or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. Different does not confirm that each user is who he or she claims to be. Different exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither Different, nor its affiliates, or their respective directors, officers, employees, their respective content and service providers, and agents will be liable in any way for such misuse. Different does not control the behaviour of users of the Site. In the event that you have a dispute with one or more such users, you release Different, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents from any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses, or causes of action, of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute. Different has no obligation to screen or monitor Posted Content.

If Different becomes aware of any Posted Content that allegedly may not conform to these Terms, Different may investigate the allegation and determine, in its sole and absolute discretion, whether to take action in accordance with these Terms. Different has no liability or responsibility to users for performance or non-performance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled, or deceptively labelled. Different expects that you will use caution and common sense when using the Site or services. Different has the absolute right to remove and/or delete without notice any Posted Content that it deems objectionable. You consent to such removal and/or deletion and waive any claim against Different for such removal and/or deletion. Different is not responsible or liable for failure to store Posted Content or other materials you transmit through this Site. You should take measures to preserve copies of any data, material, content, or information you post on the Site. We are pleased to hear from our visitors and welcome your comments. Due to the large number of ideas and works that Different has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, Different by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by Different.

15. BINDING NATURE; ASSIGNMENT

These Terms and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns and, as indicated herein, are for the benefit of Different, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or our Privacy Policy without our specific prior written consent, which we may withhold in our sole discretion. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms and our Privacy Policy at any time.

16. EVENTS OUTSIDE OUR CONTROL

We will not be held liable or responsible for any failure to perform, or delay in the performance of any of our obligations under an order you have placed that is caused by events beyond our control (referred to as a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission, or accident that is beyond our reasonable control, including but not limited to the following:

• Strikes, lock-outs, or other industrial actions
• Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not), or threat or preparation for war
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters
• Inability to use railways, shipping, aircraft, motor transport, or other means of public or private transportation
• Inability to use public or private telecommunications networks
• Acts, decrees, legislation, regulations, or restrictions imposed by any government
• Shipping, postal, or other relevant transport strikes, failures, or accidents

During the period in which a Force Majeure Event continues, our performance under any order you have placed is considered suspended, and we will have an extension of time to fulfill our obligations for the duration of that period. We will make reasonable efforts to bring the Force Majeure Event to a close or find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

17. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. You will be subject to the Terms and Different policies in force at the time that you order products from us or use the Site. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and Different policies in force at the time that you order products from us.

18. LAW AND JURISDICTION

Any disputes arising out of or relating to these Terms, the Privacy Policy, use of the Site, the products sold on the Site, and the services offered via the Site shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to these Terms or your access to or use of the Site must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario, and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Different does not claim that the Site may be lawfully viewed or that content may be lawfully downloaded.

Insofar as it is permitted under the applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to the use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. WAIVER

No failure of Different to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the section on Notices above.

20. SEVERABILITY

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will be separated from the remaining terms, conditions, and provisions, which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

These Terms, including any documents referred to in them or posted on our website, constitute the complete agreement between you and us regarding the subject matter of these Terms. They replace any previous agreements, understandings, or arrangements, whether verbally or in writing, between you and us. Both parties acknowledge that neither you nor we have relied on any representations, undertakings, or promises made by the other party, whether expressed or implied, during negotiations preceding these Terms, except as explicitly stated in these Terms.

22. CONTACT US

We value your questions, comments, and feedback. Please feel free to reach out to us with any inquiries or comments through our web form or by contacting us at advice.different@zohomail.com. We will do our best to respond promptly and address any concerns you may have.