Terms & Conditions
Last updated: November 12, 2021

 

This ANISHWE website (hereinafter the "Site") is published and operated by ANISHWE,  d.b.a. ANISHWE ("ANISHWE", "we", "us", "our"), an First People corporation.

 

Site hosting is provided by Big Commerce.

 

Acceptance of Terms.
 

1.1 Overview. The following terms and conditions (these “Terms”) govern all use by users or visitors of: (i) the ANISHWE websites with the exception of [https:/www.ANISHWE.com/en-us] (the “Website”) or mobile application (the “App”); (ii) any and all services or communications available on or through the Website, App, or otherwise provided by ANISHWE, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles and newsletters; and (iii) any other engagement with ANISHWE online and offline, such as when you call our Customer Care team (collectively, the “Services”), where permitted by law.  The Services are owned and operated by ANISHWE and any reference to the “Services” herein includes a reference to any part or component of the Services.  Where permitted by law, please note that the Return Policy, Payment Information Policy, Price Protection Policy & Promotions, Product Information Policy and FAQs, as amended from time to time, provide additional terms governing the purchase of products through the Services, and are incorporated in these Terms by reference. Where permitted by law, the Privacy Policy (including the mobile app Privacy Policy and the Cookie Notice), as amended from time to time, are also incorporated in these Terms by reference. ANISHWE provides the Services for your personal use.  By using the Services, you agree to these Terms applicable between you and ANISHWE.   IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR YOUR PERSONAL INFORMATION TO BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY (INCLUDING ALL ADDITIONAL TERMS), THEN DO NOT USE THE SERVICES.

 

1.2 Modification. Where permitted by law, ANISHWE reserves the right to modify or change any of these Terms at any time (including the terms of any additional site policies, guidelines, rules or legal terms posted on this Site).  Where required by law we will inform you of any changes to these Terms and Conditions of Use prior to their entry into force. Please check back periodically to ensure you are aware of any updates or changes. You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Except as expressly provided in these Terms, any changes we make to the Terms will be effective immediately upon being posted on the Site. Where permitted by law, your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.  If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

 

SERVICES CONDITIONS

 

Your Use of the Services.
 

2.1 The Services.  You are required to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services, where permitted by law. 

 

2.2 Modifications / Suspension of Services.  To the extent permitted by law, ANISHWE reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or your access to the Services for any reason or no reason with or without notice.  To the extent permitted by law, you agree that ANISHWE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

Registered Users.
You are not obligated to register with us in order to access the Services.  However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”). However, purchases may be made by non-Registered Users.  You are not allowed to sell, transfer, license, or assign your account, credentials, or any account rights.  You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. To the extent permitted by law, you agree that you are responsible for all activities that occur under your Registered User account. 

As a Registered User, you are required to keep your password secret and secure.  ANISHWE may suspend or terminate your access to your account if ANISHWE has reasonable ground to believe that unauthorized third parties have access to your password or otherwise have access to your account.  You are also required to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at customercare@ANISHWE.com. Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

 

Trademark Information.
All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of ANISHWE or its licensors or suppliers (collectively, the “Trademarks”).  The Trademarks may not be used to disparage or discredit ANISHWE, any third party of ANISHWE’s or any third party products or services, or in any manner (in ANISHWE’s sole judgment, where permitted by law) that may damage any goodwill in the Trademarks or may cause confusion.

 

Site Content. 
 

5.1 Ownership of Site Content.  All material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by ANISHWE in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws.  ANISHWE may own the Site Content or portions of the Site Content may be made available to ANISHWE through arrangements with third parties.

 

5.2 Your Use of Site Content.  ANISHWE grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser.  The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content.  You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of ANISHWE or the copyright holder identified in the relevant copyright notice.  Any rights not expressly granted herein are reserved.

 

User Content.
In using the Services, you may provide and/or post content, including product reviews, comments or suggestions, photographs, videos, communications and/or other materials (“User Content”) and/or share it with other users.   Subject to any licenses and rights expressly granted herein, you are required to ensure that any User Content posted by you, is owned by you and that you have all necessary rights to post such User Content via our Services. You are required to ensure that any User Content you post, publish, display or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms. By uploading User Content, you grant to ANISHWE and our service providers, and represent and warrant, where permitted by law, that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and / or to incorporate it in other works in any form, media, or technology. You also hereby grant each user of the Services a non-exclusive, royalty-free license to use such User Content as permitted through the functionality of the Services and under these Terms.  You also agree that ANISHWE is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose, where permitted by law.  PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

 

Third Party Links.
The Services may contain hyperlinks to sites, services or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.

 

Restricted Conduct.
Except as otherwise expressly authorized in these Terms, you agree not to do any of the following:

Use the Services to Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
Impersonate any person or entity, including without limitation any representative of ANISHWE; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that ANISHWE endorses any statement you make;
Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment via or using the Services;
Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services;
Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
Violate any applicable laws or regulations;
Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Services or ANISHWE’s network or computer systems; or
Assist, permit, encourage any persons in engaging or to engage in any of the activities described above.
 

Indemnity.
To the extent permitted by law, you agree to defend, indemnify and hold ANISHWE and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without limitation attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms.  ANISHWE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting ANISHWE’s defense of such matter.

Termination. 
10.1 Termination of Your Use of the Services.  ANISHWE may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services.  Where permitted by law, you agree that any termination of your use of the Services may be effected without prior notice.  Further, you agree that, to the maximum extent permitted by law, ANISHWE shall not be liable to you or any third party for any termination of your use or otherwise access to the Services. 

 

10.2 Survival After Termination.  The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content);  Section 9 (Indemnity);  Section 11 (Disclaimers);  Section 12 (Limitation of Liability regarding Service);  Section 17 (Limitation of Liability regarding Purchases); Section 13 (Release); and Section 18 (Applicable Law and Competent Jurisdiction).  Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.

Disclaimers.
11.1 Services Warranties. THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.  ANISHWE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ANISHWE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  ANISHWE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.  TO THE EXTENT PERMITTED BY LAW, ANISHWE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE. YOU ACKNOWLEDGE THAT ANISHWE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION.  THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.2 Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of ANISHWE (referred to as ANISHWE) and any of its affiliates. They are neither a legal interpretation nor a statement of any ANISHWE policy as the case may be. To the maximum extent permitted by law, neither ANISHWE nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither ANISHWE or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of ANISHWE and/or the publisher. All rights reserved.  

 

The editorial director of the Site can be reached at editorial@ANISHWE.com.

Limitation of Liability regarding SERVICES.
TO THE EXTENT PERMITTED BY LAW,  ANISHWE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANISHWE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND ANISHWE’S REASONABLE CONTROL.  WITH RESPECT TO USER CONTENT OR STATEMENTS, ANISHWE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES.  IN ADDITION, AND TO THE EXTENT PERMITTED BY LAW, ANISHWE IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND ANISHWE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.  THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Release.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANISHWE AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE.  TO THE EXTENT PERMITTED BY LAW, RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
PURCHASE CONDITIONS APPLICABLE TO ALL CUSTOMERS, EXCLUDING THOSE LOCATED IN THE EUROPEAN UNION

The following Purchase Conditions set out in Sections 14 to 17 do not apply to customers located in the European Union.  For customers located in the European Union the Purchase Conditions set out in Sections 20 to 29 apply.

Purchases
14.1 Availability. All orders 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 refund any monies that you might have paid.

 

14.2 Payment. The price of products shall be the one quoted on our Website or App, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in the currency indicated at checkout. 

 

14.3 Shipping. Upon completing your order, an e-mail confirmation will be sent to your address on file. This e-mail will serve as an invoice and includes your order number. A standard processing time of up to two (2) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed 2 business days. Once your order has been shipped, you will receive an e-mail with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery.

Returns. All returns are subject to ANISHWE’s Return Policy, available here. 
Product Warranty and Return Disclaimer. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS. ACCORDINGLY, SOME OR ALL OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN PRODUCTS SOLD OR DISTRIBUTED BY ANISHWE MAY HAVE WARRANTIES THAT APPLY TO THEM. THESE WARRANTIES ARE PROVIDED BY THE MANUFACTURER OF THESE PRODUCTS AND NOT BY ANISHWE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ANISHWE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ARISING FROM CANADIAN SALE OF GOODS STATUTES OR OTHERWISE), RELATING TO ANY PRODUCTS SOLD OR DISTRIBUTED BY ANISHWE.
 

Limitation of Liability regarding Purchases. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. , IN NO EVENT SHALL ANISHWE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (COLLECTIVELY, "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO (I) THE RETURN OF A PRODUCT PURCHASED FROM ANISHWE IN A MANNER THAT IS CONTRARY TO THE ANISHWE RETURN POLICY AND/OR THE SHIPPING TERMS AND CONDITIONS OF THE APPLICABLE CARRIER, INCLUDING, WITHOUT LIMITATION, FAILURE TO SHIP IN ACCORDANCE WITH THE SHIPPING LABEL, AND/OR THE SHIPPING, HANDLING AND PACKAGING INSTRUCTIONS PROVIDED BY ANISHWE OR THE APPLICABLE CARRIER; AND (II) ANY PRODUCT SOLD OR DISTRIBUTED BY ANISHWE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, PRODUCT LIABILITY AND NEGLIGENCE WITH RESPECT TO ANY REPRESENTATIONS MADE BY ANISHWE REGARDING ANY PRODUCT SOLD OR DISTRIBUTED BY ANISHWE, ANY DUTY TO PROPERLY TEST OR INSPECT SUCH PRODUCT, OR ANY FAILURE TO WARN OF THE SAFETY RISKS PERTAINING TO SUCH PRODUCT), CIVIL LIABILITY, STRICT LIABILITY, BREACH OF STATUTE (INCLUDING, WITHOUT LIMITATION, CANADIAN SALE OF GOODS STATUTES), OR OTHERWISE. THESE DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS ARISING FROM DEATH OR PERSONAL INJURY, PROPERTY LOSS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS AND LOST BUSINESS, DATA OR SALES, EVEN IF ANISHWE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ANISHWE'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT TO WHICH THE ALLEGED DAMAGES RELATE.

Minors. 

18.1 Permission. You confirm that you have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, you should not use our Services, register on this Website or otherwise provide any data without the permission of your parent or guardian. 

18.2 Supervision. To the extent permitted by law, if you are the parent or guardian of a child under the age of majority, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not ANISHWE, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.

18.3 Right to cancel.  If you are under the age of majority in your jurisdiction and you have entered into these Terms without the permission of your parent or legal guardian, then you or your parent or legal guardian may cancel your agreement to these Terms. 

Applicable Law and Competent Jurisdiction.
 

19.1 Governing Law. To the extent permitted by law, these Terms shall be governed by the laws of Quebec and the tribunals and courts of Montreal, Quebec will have exclusive competence in case of dispute.

19.2 Severability. To the extent permitted by law, where a specific clause of these Terms is declared null, that clause shall be deemed unwritten. However, to the extent permitted by law, this does not invalidate the successful registration of a user, the entire Terms, or any other terms and conditions accepted by the Customer. 

 

Contact
If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via customercare@ANISHWE.com.  Please do not include any sensitive information in your correspondence as emails may not be encrypted.
 

CONDITIONS APPLICABLE TO CUSTOMERS LOCATED IN  THE EUROPEAN UNION

 

21. Scope

21.1 ANISHWE as identified above, sells and distributes the products offered in its online shop at www.ANISHWE.com (“Online Shop”) according to the following purchase conditions for customers located in the European Union ("EU Purchase Conditions"). If you complete an order in the Online Shop, you will be asked to agree to these Purchase Conditions.

 

21.2 The English version of these EU Purchase Conditions shall prevail. 

 

User Account
In the course of your first order in the Online Shop you will be able to purchase products as a guest user or by creating an ANISHWE user account (see Section 3 above). Such user account can store your order data (such as invoicing and shipping address as well payment methods). In case you log-in with your user credentials you do not have to re-enter your invoicing and shipping information as well as certain payment information for future orders.

 

Conclusion of Contract and Information on the Ordering Process
23.1 ANISHWE’s product offers in the Online Shop are non-binding and merely provide an opportunity to you to place an order for such products. 
23.2 After having selected one or more products in the Online Shop by placing the product(s) into your shopping cart, you will be asked to provide certain information, such as your invoicing and shipping information, preferred shipping method and payment information. Before completing your order, all products selected, the total price (inclusive of taxes, as well as, where applicable, all additional freight, delivery or postal charges and any other costs) and all information provided by you will be displayed in an order summary for your review and confirmation. 
23.3. By clicking on "[Order and Pay]" below the order summary, you submit your order and, thus, a legally binding offer to ANISHWE for the purchase of the selected product(s). ANISHWE reserves the right to accept or deny your offer for this purchase.

23.4 Immediately after submitting the order, you will receive an order confirmation via email from us. This order confirmation email solely confirms receipt of your order and it does not confirm our acceptance of your order and thereby a conclusion of a purchase contract for the ordered product(s). 

23.5 After receipt of your order, we will re-confirm that the selected products are available and can be sold and delivered to you. Once this process has been completed, we will confirm via email whether the products will be shipped to you. Such a shipping confirmation email results in the acceptance of your order and in the conclusion of a purchase contract between you and ANISHWE based on these EU Purchase Conditions and the order you submitted.  

23.6 If ANISHWE cannot accept your order, we will inform you accordingly. In this case, a purchase contract will not be concluded between you and ANISHWE. 

23.7 The contract terms will be stored by ANISHWE after conclusion of the contract and may no longer be accessible to you via the Online Shop. Please retain the emails provided by ANISHWE relating to your order as they contain the relevant contract terms.  

 

Delivery
24.1 Delivery periods and the time for delivery are provided in our Shipping and Handling Policy. 

24.2 The products will only be shipped to addresses in the EU pursuant to our Shipping and Handling Policy.

 

Prices, Payment Terms
25.1 The purchase prices of the products are identified in the Online Shop at the time of the submission of the order. All prices are provided in Euro and include the applicable VAT. The shipping costs and/or packaging costs (if applicable) may be separately displayed. The total costs will be clearly identified during the ordering process. 

25.2 The purchase price shall be due immediately upon completion of the purchase contract (see Section 23.5). 

25.3 The shipment of the products shall be made after receipt of the payment. In case of payment by credit card, your credit card will be charged at the time your order is accepted by ANISHWE.

25.4 ANISHWE shall be entitled to demand default interest pursuant to statutory law in case of late payment. Any claims for further damages relating to the default shall remain unaffected.

 

Retention of Title
The products shall remain the property of ANISHWE until the purchase price has been paid in full. You are obliged to treat the products carefully as long as they are subject to the retention of title.

 

Your Rights in Case of Defects
In case of a defect of the products as defined by statutory law, you are entitled to exercise your warranty rights pursuant to applicable statutory law for re-performance (repair or replacement), revocation of the contract, purchase price reduction, and/or damage/expense compensation. The product descriptions do not qualify as a guarantee for the product's quality. Section 28 shall apply for damage claims.

 

Liability and Claims for Damages
28.1 ANISHWE's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: 

(i) ANISHWE shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; 

(ii) ANISHWE shall not be liable due to a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care.

28.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under product liability legislation, and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent ANISHWE has assumed a specific guarantee.

28.3 Sections 28.1 und 28.2 shall apply accordingly to ANISHWE's liability for futile expenses.

28.4 You shall be obliged to take adequate measures to avert and reduce damages. 

 

Right to Withdraw
29.1 You have the right to withdraw from the purchase contract pursuant to statutory law. Please review the information on the right to withdraw and the model withdrawal form set out in the Annex for further details. 

29.2 A right to withdraw does not exist for purchase contracts for goods made to your specifications or that are clearly personalised to you.

 

Miscellaneous
30.1 The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. We are legally obliged to provide this information; however, we do not participate in this type of dispute resolution.

30.2 We are not obligated and not willing to participate in dispute resolution proceedings pursuant to any applicable consumer dispute resolution regime.

30.3 You can contact our customer service at customercare@ANISHWE.com. 

30.4 Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

 

ANNEX to the CONDITIONS FOR CUSTOMERS LOCATED IN THE EUROPEAN UNION

 

 

INFORMATION ON THE RIGHT OF WITHDRAWAL

 

RIGHT OF WITHDRAWAL

 

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In case items in your order are delivered separately, please kindly be aware that the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods in your order.

 

To exercise the right of withdrawal, you must inform us ANISHWE, email: customercare@ANISHWE.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

EFFECTS OF WITHDRAWAL

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than within 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier. 

 

You shall send back or hand the goods over to us, without undue and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.  The deadline is met if you send back the goods before the period of 14 days has expired.

 

You will have to bear the direct cost of returning the goods.

 

MODEL WITHDRAWAL FORM

 

To ANISHWE, email: customercare@ANISHWE.com:

 

I/We hereby give notice that I/We withdraw from my/our contract of sale of