Terms and Conditions – Ausury Toronto
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
• Customer: the person who purchases products from Ausury Toronto for personal, domestic or household use.
• Business: Ausury Toronto, operated by Dejave Company.
• Website: the online store operated under the name Ausury Toronto.
• Products: all items offered for sale through our website.
• Order: a purchase placed by the customer through our website.
• Terms: these Terms and Conditions.
Article 2 – Business Information
Ausury Toronto, operated by:
Dejave Company
Address: De Bodding 28, Frieschepalen, Friesland-9249 MA, The Netherlands (not a return address)
Email: support@ausury.com
Chamber of Commerce number: 73806110
VAT number: NL002221106B73
Article 3 – Applicability
These Terms apply to all offers, orders, purchases and agreements made through the Ausury Toronto website with customers located in Canada.
By placing an order on our website, the customer confirms that they have read, understood and accepted these Terms.
These Terms do not exclude, restrict or modify any rights that cannot be excluded under the consumer protection legislation applicable in the Canadian province or territory in which the customer resides.
Article 4 – Products and Offers
We aim to describe and display our products as accurately as possible. Product images, colours, measurements and descriptions are provided for guidance and may vary slightly depending on screen settings, production batches or supplier updates.
If an offer is subject to specific conditions, availability or a limited promotional period, this will be clearly stated where reasonably possible.
Obvious errors, mistakes or incorrect pricing on the website do not bind Ausury Toronto where the error is clear and should reasonably have been recognised as a mistake.
We reserve the right to update, modify or discontinue products, prices, descriptions or promotions at any time, without affecting orders that have already been accepted.
Article 5 – Orders and Agreement
Before You complete an order, We provide the information You need to make an informed decision, including an itemized description of the products, their price, applicable taxes and shipping charges, the total amount payable, the currency of the transaction, Our name and contact details, and Our delivery, cancellation, return and refund policies, in accordance with the consumer protection legislation applicable to internet and distance sales contracts in Your province or territory of residence.
An order is placed when the customer completes the checkout process and payment has been successfully submitted.
After placing an order, the customer will receive an order confirmation by email. This confirms that we have received the order.
We reserve the right to refuse or cancel an order if payment cannot be verified, the product is unavailable, incorrect information has been provided, or there is a clear pricing or product error.
If we cancel an order after payment has been made, the customer will receive a refund for the amount paid. Where We fail to provide the pre-contract information described above as required by applicable Canadian consumer protection legislation, You may be entitled to cancel Your order within the period set out in that legislation.
Article 6 – Prices and Payment
All prices shown on our website are displayed in the currency stated at checkout, together with any applicable taxes and shipping charges shown before You complete Your order.
Prices may be updated from time to time. The price applicable to an order is the price shown at the time the customer places the order.
Payment must be completed using one of the payment methods offered at checkout.
The customer is responsible for ensuring that all payment, billing and delivery details are correct before submitting the order.
Article 7 – Shipping and Delivery
We deliver orders to Canada using our logistics partners and fulfilment network.
Estimated delivery times are provided on our website or in our Shipping Policy. Delivery times are estimates only and may be affected by external factors such as customs processing, carrier delays, weather conditions, public holidays or high shipping volumes.
The customer must provide a complete and correct delivery address. Ausury Toronto is not responsible for delays or failed deliveries caused by incorrect or incomplete address details provided by the customer.
Risk in the products passes to the customer once the products have been delivered to the delivery address provided by the customer.
Article 8 – Address Changes and Cancellations
Customers should contact us as soon as possible if they need to change their delivery address or cancel an order.
Address changes and cancellations are only possible if the order has not yet been processed or shipped.
Once an order has been shipped, we can no longer guarantee that changes or cancellations can be made.
For address changes or cancellation requests, please contact us at: support@ausury.com
Article 9 – Returns for Change of Mind
Unless otherwise stated in our Return Policy, Ausury Toronto may accept returns for change of mind within the return period stated on our website.
Change of mind returns must be unused, undamaged, complete and returned in their original packaging where reasonably possible.
The customer is responsible for return shipping costs for change of mind returns, unless we have agreed otherwise in writing.
This change of mind return policy is offered in addition to, and does not limit, any rights the customer may have under the consumer protection legislation applicable in their province or territory of residence.
Article 10 – Canadian Consumer Protection Legislation and Product Quality
Our products are sold subject to the implied warranties of merchantable (acceptable) quality and fitness for purpose provided under the sale of goods and consumer protection legislation applicable in the Canadian province or territory in which the customer resides.
Where a product fails to meet these standards, customers may be entitled to a repair, replacement or refund, depending on the nature of the issue and the remedies available under that legislation.
Products must be of acceptable quality, fit for their usual purpose, match the description provided and be supplied with reasonable care.
Nothing in these Terms excludes, restricts or modifies any statutory right, condition, warranty or remedy that cannot lawfully be excluded under the consumer protection or sale of goods legislation applicable to the customer.
Article 11 – Faulty, Damaged or Incorrect Products
If a product arrives faulty, damaged or incorrect, the customer should contact us as soon as possible after discovering the issue.
To help us assess the issue, we may request photos, videos, the order number, a description of the problem and any relevant packaging or shipping information.
Where the product does not meet the applicable statutory standards, we will provide a remedy in accordance with the consumer protection legislation applicable to the customer.
A customer will not be entitled to a remedy where the issue was caused by misuse, accidental damage, normal wear and tear, failure to follow care instructions, or unauthorised modification or repair.
Article 12 – Refunds
Approved refunds will be processed using the original payment method where possible.
Refund processing times may vary depending on the payment provider or bank.
Shipping costs may not be refundable for change of mind returns unless otherwise stated or required by law.
Where a refund is required under applicable Canadian consumer protection legislation, it will be handled in accordance with the customer's legal rights.
Article 13 – Exclusions from Change of Mind Returns
For hygiene, safety or product-specific reasons, change of mind returns may not be accepted for certain products, including:
• products that have been used, worn, washed or damaged;
• personal care, hygiene or beauty products where the seal has been opened;
• customised or personalised products;
• products that are incomplete or missing accessories;
• products specifically marked as final sale, where permitted by law.
These exclusions apply only to change of mind returns and do not limit any rights the customer may have under applicable Canadian consumer protection legislation.
Article 14 – Customer Responsibilities
The customer is responsible for providing accurate order, contact, billing and delivery information.
The customer must use the products only for their intended purpose and in accordance with any care instructions, safety information or product guidance provided.
The customer must not misuse our website, attempt fraudulent transactions, interfere with the website's security or use the website for unlawful purposes.
Article 15 – Promotions and Discount Codes
Discount codes, promotions and special offers may be subject to additional conditions, expiry dates or product exclusions.
Discount codes cannot be exchanged for cash and may not be applied retroactively after an order has been placed.
We reserve the right to modify, suspend or cancel promotions where necessary, including in cases of misuse, technical errors or obvious mistakes.
Article 16 – Complaints
If the customer has a complaint about an order, product or service, they should contact us at support@ausury.com with a clear description of the issue.
We aim to acknowledge complaints within a reasonable time and provide a suitable response as soon as practicable.
If further investigation is required, we may request additional information from the customer.
We will handle complaints fairly and in accordance with applicable consumer protection laws. If we are unable to resolve a complaint directly, the customer may also contact the consumer protection office in their province or territory of residence.
Article 17 – Liability
To the maximum extent permitted by law, Ausury Toronto is not liable for indirect, incidental or consequential loss arising from the use of our website or products.
Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including liability arising under applicable Canadian federal or provincial consumer protection legislation.
The customer is responsible for ensuring that a product is suitable for their intended use before purchasing, except where rights apply under statutory consumer guarantees or implied warranties.
Article 18 – Website Information
We make reasonable efforts to keep the information on our website accurate and up to date.
However, we do not guarantee that all website content will always be free from errors, omissions or temporary unavailability.
We may update website content, product information, prices and policies from time to time.
Article 19 – Privacy and Electronic Communications
We collect and process customer information in order to manage orders, payments, shipping, customer service and website operations, in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and, for Quebec residents, Quebec's Act respecting the protection of personal information in the private sector.
For more information about how we collect, use and protect personal information, and about Your privacy rights, please refer to our Privacy Policy.
Where we send commercial electronic messages such as marketing emails, we do so in accordance with Canada's Anti-Spam Legislation (CASL), including providing a functioning unsubscribe mechanism in every such message.
By using our website, the customer agrees that their information may be handled in accordance with our Privacy Policy.
Article 20 – Governing Law
These Terms are governed by the laws of the Netherlands, being the country in which Dejave Company is established and operates, without regard to conflict of law principles.
Nothing in these Terms limits any mandatory right or remedy available to the customer under the consumer protection legislation applicable in their Canadian province or territory of residence, or under PIPEDA, to the extent that such legislation mandatorily applies to the customer's purchase.
Article 21 – Contact Information
Store name: Ausury Toronto
Email: support@ausury.com
Business operator: Dejave Company
