terms and conditions
1. About the Site.
CALIBER is a swim and activewear brand. On or through our Site, users can browse the CALIBER collections, purchase items from the collections, receive news and information about CALIBER, link to the websites of CALIBER retailers, contact CALIBER, and utilize other related services (the “Services”). The online shop portion of our Site is hosted by Woo Commerce, and Woo Commerce hosts the related Services, such as store pages, the ordering system, and order data.
In order to utilize some of the Services available on/through the Site, you will have to register with us. As part of the registration process, you will create a username and password. The username and password that you provide are your credentials (“Credentials”) for accessing those Services that are only available to members.
4. Your Personal Information.
5. Your Responsibilities.
You are responsible for all use of the Site and the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by clicking here. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
• remove notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve or index any portion of the Site and/or the Services;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• create user accounts by automated means or under false or fraudulent pretenses; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Changes to the Services.
7. Links to Other Sites.
8. Shipping Policy/Risk of Loss.
All shipping methods and claims on our website are quoted in “business days.” Any purchase made after 3pm (North American: Eastern Time) will be processed and shipped on the following business day.
Merchandise will be shipped to the address you provide via the shipping method you designate at checkout, and all sales are made pursuant to a shipment contract, such that the risk of loss and title for all purchased items pass to you upon our delivery to the carrier.
9. Return Policy.
We want you to be 100% satisfied with your CALIBER purchase. If for any reason you are dissatisfied, we will assist you with a prompt refund or exchange.
CALIBER accepts returns of unused items within 14 days from the date of shipment with the exception of sale items – sale merchandise is final sale. We are happy to accept full price merchandise in its original packaging, unworn and with all tags attached. Please try on all bottoms over your own undergarments.
Refunds will be credited to the original credit card that was used to make the purchase minus the shipping fees. We are only able to accept merchandise purchased from the CALIBER website.
Free shipping to Canada and the United States are for the initial outbound shipping of orders that exceed $140CAD (BEFORE SHIPPING COSTS). Partial (or full) returns on these orders that fall below the $140CAD threshold (BEFORE SHIPPING COST) will incur the initial shipping out costs to the customer and will be taken from the refund amount.
Return/exchange packages must be shipped prepaid through a traceable method such as UPS, FedEx, DHL or other Insured Parcel Post Service (such as Canada Post Tracked or USPS Tracked) and those shipping costs are the responsibility of the customer.
Please send returns and exchanges to:
Re: Returns Department
178 – 260 Adelaide St. E
CALIBER reserves the right to refuse the return/exchange or any merchandise that does not meet the above requirements.
For any additional questions about returns/exchanges please email us at [email protected]
10. Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.
11. International Use/Orders
We control and operate the Site from Canada, and all information is processed within Canada. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from Canada. CALIBER makes no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
12. Product and Pricing Information
Although CALIBER has made every effort to display our products and their colours as accurately as possible, the displayed colours of the products will depend upon the monitor of the user, and CALIBER cannot guarantee that the user’s monitor will accurately portray the actual colours of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. CALIBER is not responsible for typographical errors regarding price or any other matter.
13. Sales Tax
Applicable sales tax will be charged on total merchandise, including shipping & handling fees, for orders shipped to locations within Canada.
14. Charging Your Credit Card
We charge your credit card immediately upon completing your order. Orders are subject to verification and acceptance before shipping. We are not responsible for typographical errors.
15. Coupons Codes
Coupons are not eligible for use in conjunction with other coupons and/or sales items unless otherwise specified at point of issue. Shipping rates are standard and are not included under the coupon discount.
These coupons include but are not limited to promotional sales, promotional cards, and product review incentives.
16. CALIBER Assistant
Our CALIBER Assistant tool was created to help our customers with their size selection. Please be aware that our sizing is in line with North American standards and that some brands listed in our survey may adjust their sizing standards according to geographic zones.
CALIBER does not take into consideration how tight or loose fitting its customers prefer to wear their swimwear. The results that our customers are suggested are the right fit according to our sizing specs. And CALIBER is not liable for any suggested size to its customers.
By entering your email and submitting your form for size results, you are confirming the email entered is owned by you and that you are giving CALIBER permission to add it to our email marketing database. You have the right to unsubscribe at any time.
17. Additional Terms.
18. Your Use of Content.
All of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics, logos, trade/service marks, and video and audio content, is owned and/or controlled by us, our licensors and/or content suppliers and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain CALIBER’s proprietary information. All content not owned by CALIBER that appears on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CALIBER. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, CALIBER and its licensors do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by CALIBER to you are retained by CALIBER.
19. Disclaimer of Warranties.
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CALIBER MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. CALIBER DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
20. General Limitation of Liability.
IN NO EVENT SHALL CALIBER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE,TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CALIBER OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. Entire Agreement.
24. Choice of Law and Dispute Resolution.
Copyright © 2018 CALIBER INC. All rights reserved.
If you have any questions, please contact us here or by postal mail at:
178 – 260 Adelaide St. E