JT's Top Shop

Welcome to JTsTopShop.com (the “Site”). This Site is provided as a service to our customers. Please review the following terms and conditions that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms of the Agreement. JTsTopShop.com reserves the right to update or modify the Agreement at any time without prior notice. Your use of the JTsTopShop.com Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.

Use of this Site

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of JTsTopShop.com and JT’s Top Shop Inc. or its suppliers and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Copyrights and Tradmarks

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, held by JTsTopShop.com or JT’s Top Shop Inc., or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of JTsTopShop.com and is also protected by Canadian, U.S. and international copyright laws.

JTsTopShop.com and JT’s Top Shop Inc. and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of JTsTopShop.com and JT’s Top Shop Inc. or any third party's intellectual property rights.

Trademarks and copyrights are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply JTsTopShop.com and JT’s Top Shop Inc’s. endorsement, sponsorship or recommendation of the third party, information, product or service. JTsTopShop.com and JT’s Top Shop Inc. is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

Disclaimer

THIS SITE IS PROVIDED BY JTSTOPSHOP.COM AND JT’S TOP SHOP INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. JTSTOPSHOP.COM AND JT’S TOP SHOP INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JTSTOPSHOP.COM AND JT’S TOP SHOP INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JTSTOPSHOP.COM AND JT’S TOP SHOP INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE JTSTOPSHOP.COM WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

ALL PRICES ARE QUOTED AND PAYABLE IN CANADIAN DOLLARS. DUE TO COMPETITIVE MARKET PRESSURES, PRICES ARE SUBJECT TO CHANGE, AND MAY THEREFORE DIFFER FROM ACTUAL PRICES AT THE TIME OF ORDER PROCESSING. IF THERE IS A PRICING ERROR ON JTSTOPSHOP.COM YOU WILL BE CONTACTED PRIOR TO THE PROCESSING OF YOUR CREDIT CARD AND WILL HAVE THE OPPORTUNITY TO CANCEL THE ORDER OR ACCEPT THE NEW PRICE. JTSTOPSHOP.COM RESERVES THE RIGHT TO CORRECT, AT ANY TIME, ANY PRICING ERRORS.

General

This Agreement represents the complete agreement between the parties in relation to the Site and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of JT’s Top Shop Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit JT’s Top Shop Inc.'s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the courts of the Province of Ontario located in Toronto, Ontario.

Idemnification

You agree to defend, indemnify and hold JT’sTopShop.com and JT’s Top Shop Inc. harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Site. This provision shall survive the termination of this Agreement and remain in full force and effect.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JTSTOPSHOP.COM AND JT’S TOP SHOP INC. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE JTSTOPSHOP.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JTSTOPSHOP.COM AND JT’S TOP SHOP INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy Policy

Date: 6/5/2008

JT’sTopShop.com and JT’s Top Shop Inc., are committed to protecting the privacy and security of any of your personal information obtained by reason of your customer relationship and order transactions. Our Privacy Policy explains the types of customer personal information we collect, how it is used, and the steps we take to ensure your personal information is handled appropriately.

Our policies and practices have been put in place to comply with the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and any provincial privacy legislation. See the attached link:

Returns Policy

All returns/exchanges require a return authorization number prior to being returned to our facility. No exceptions will be made to this policy and any returns/exchanges received at our facility without a return authorization number will be denied and not accepted.
Your Error:
If you require more information prior to ordering a product, we will be happy to provide you with any information to satisfy your inquiry. Please “contact us” and provide an email address and telephone number along with your inquiry. If a shipped item is no longer required, it can be returned within 30 days of the original order date only after a return authorization number is obtained by our returns department. Please “contact us” and request a return authorization number indicating your original order number, the items being returned and the reason for the return. We will respond promptly with a valid RA number and return address. This number must be clearly marked on the outside of the package being returned. All shipments must be prepaid and insured for the retail value of the product. It may be shipped by the courier of your choice but must be in its original product packaging. Please retain your tracking number for future reference. Once your order is received at our facility, a credit will be processed on the original credit card number supplied with a 20% restocking charge applied to the order.
Our Error:
We make every effort to ensure your order is picked and shipped correctly. If an item happens to be shipped to you incorrectly we will gladly reship the correct item you require at no charge to you. Please “contact us” and indicating your original order number, the item being returned and the reason for the return. Please provide a telephone number and email address where we can contact you. We will verify the correct items being reshipped to you and supply you with a valid RA number and return address for the incorrect item being returned. This number must be clearly marked on the outside of the package being returned. All shipments must be returned via UPS and insured for the retail value of the product. Please retain your tracking number for future reference. It must be in its original product packaging.
Damages:
All items shipped from our facility are packaged to ensure your order is received in “new” condition. If an order is received with clear damage to the outside of the package, indicate the discrepancy or damage immediately on the shipping document and a damage report must be completed with the shipper. Contact us immediately to advise us of this. Please retain all damaged shipping materials. A claim cannot be made without the original proof of damage. We may require digital images of the damage to expedite your claim. If an item is damaged inside an undamaged shipping carton please “contact us” and advise us immediately. We require the damaged item to be returned and a replacement will be shipped to you at no charge. A return authorization will be given to return the damaged item.
Defective merchandise:
JTstopshop.com and JT’s top shop inc. has diligently researched the sources of its merchandise and represents only items of the highest quality. JTstopshop.com and JT’s top shop inc. makes no warranty, expressed or implied over and above that of the manufacturers of the products purchased. If a product is not performing properly please “contact us” and advise us of the problem.
Cut Materials:
Under No circumstances will materials be accepted for return once cut or used in anyway.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. JT’s Top Shop Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from JT’s Top Shop Inc. on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Termination

These terms are effective unless and until terminated by either you or JT’sTopShop.com and JT’s Top Shop Inc. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. JTsTopShop.com and JT’s Top Shop Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in JT’sTopShop.com and JT’s Top Shop Inc’s. sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or JT’sTopShop.com and JT’s Top Shop Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

User comments, Feedback, Postcards etc.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to JT’s Top Shop Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the exclusive property of JT’s Top Shop Inc. Such disclosure, submission or offer of any Comments shall constitute an assignment to JT’s Top Shop Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, JT’s Top Shop Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. JT’s Top Shop Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay the user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the JTsTopShop.com Site. However, JT’s Top Shop Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.