We are Ink Living Color, is the owners and operate the following websites: inklivingcolortattoos.com, inklivingcolor.com (the “Sites”), Ink Living Color LTD shall in these terms be referred to as “we”, “us”, “our” and “ILC”
Our headquarters are 4750 Yonge St, Suite 117, North York, ON, M2N 0J6
This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the Sites (“Items”) to you. Please note these Terms only apply to the purchase of Items on the Sites. Purchase of ILC Items from any other source (including without limitations our Stores or third party stores and websites selling our items) (“Other Sources”), will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Sites may not be available for purchases through the Stores and Other Sources and vice versa.
Please read these Terms carefully and make sure that you understand them before ordering any Items from the Sites. Please note that before placing an order you will be asked to agree to these Terms. By placing an order on the Sites or purchasing Items from the Stores you confirm your acceptance of these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.
We reserve the right to amend these Terms from time to time. These Terms were most recently updated on 1 May 2018.
how the contract is formed between you and us on sites
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.
Please take the time to check the details of your order at each page of the order process and before clicking “Confirm and Pay”, as you will not be able to make any changes to your order after this point.
After you place an order by clicking “Place Order”, you will receive an e-mail from us acknowledging that we have received your order. We then send you an email that confirms that the Items have been despatched (“Despatch Confirmation”).
Please note that items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.
We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.
If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.
items on the sites
The images of the Items on the Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Items. Your Items may vary slightly from those images.
All sizes and measurements of Items are approximate, however we do make every effort to ensure they are accurate as possible.
We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.
All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment.
Please be aware that our Items are not aimed at persons aged under 16 so please take extra care when purchasing Items as gifts for persons under this age group.
We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the Sites.
Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been despatched.
The price of an item does not includes sales tax (where applicable) at the prevailing rate for which we are responsible as a seller. You will be provided with details of sales tax charges during the order process.
Please note that the prices listed on the Sites are only applicable for items purchased on the Sites and not through any other source.
The price of an Item does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process. You can also see our delivery options and charges on our Delivery Details page. You can get information about charges for returning items if you choose to use one of our returns methods on our Returns Information Page.
Please note that whilst we take utmost care in ensuring the content on the Sites (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the Sites may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the Sites that may contain errors or inaccuracies.
You can pay for Items on the Sites using the following payment options: Mastercard and Visa credit cards and PayPal.
You can pay for Items in Canadian Currency only.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible.
We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order you agree to this.
All Items ordered remain our property until we receive full payment from you.
You will be given various options for delivery of Items during the order process. The options available to you will vary depending on where you are ordering from.
Delivery charges will be applied in addition to the prices for the Items you are purchasing. The amount of the delivery charge will depend on delivery option you have chosen.
Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will require you to pay any costs that we have incurred as a consequence.
You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods.
We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.
If you change your mind about any items purchased you can return them to us (except if the item cannot be returned for health or hygiene reasons) within 14 days of the order being delivered to you, provided:
1. The items are not open and unused;
2. The Items have all label attached and are returned with correct despatch and order information.
We will refund the price that you paid for the Items taking into account any discounts or promotions applied when you purchased the items. The refund will not include any delivery charges you have paid. All refunds will be made using the same method of payment you used to purchase the Items.
The above does not affect your statutory rights.
Please note that this policy only applies to items you have purchased on the Sites. For Items purchased from other sources, you will need to check the returns policies of the applicable source.
If you are a consumer, you may only purchase Items from the Sites if you are at least 18 years old. Otherwise you a parent or guardian must purchase Items from the Sites for you.
You agree any Items purchased for any commercial, business or resale purposes is your responsibility, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.
We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
When you purchase Items from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) or otherwise.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by Canadian law. This means your use of the Sites and any contract for the purchase of Items through the Sites; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of Toronto will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Sites.
If you have any questions about our Terms or Sites and Shop please contact our Customer Care Team at [email protected] or Ink Living Color Tattoos, 4750 Yonge St, Suite 117
North York, ON, M2N 0J6