Terms and Conditions

Welcome to www.brownsshoes.com. Access and use of this webpage are governed by the Terms of Use (the "Agreement"), and as such, you should carefully read this Agreement prior to using the webpage. By accessing the webpage, you are agreeing to abide by and be bound by the terms of the Agreement and by all applicable laws. Please do not access this webpage if you do not agree to be bound by the Agreement.

1. CONTENTS OF THE WEBPAGE – COPYRIGHTS AND TRADEMARKS

All contents on this webpage are copyrighted under the applicable laws, both in Canada and elsewhere, and are the property of Browns Shoes Inc. ("Browns"). All trademarks, service marks, logos and trade names that are used in the webpage are registered trademarks or unregistered trademarks of Browns or of others. The copyright and trademark protection includes, but is not limited to, text, graphics, audio, and the code of the webpage. None of the contents of this webpage, subject to the following exception, may be printed, distributed, copied, reproduced, transmitted or subjected to any other similar use, in whole or in part, without the express written consent of Browns, or the express written consent of that holder of the copyright or trademark.

Browns hereby grants you a personal right to access the webpage, and electronically copy or print hard copy portions of the webpage, provided that the access or copying is used for the purpose of submitting a purchase order with Browns, or for non-commercial personal uses. Nothing in this Agreement shall be interpreted as granting you a license for any other purposes.

2. PRODUCTS

This webpage is intended for the use of Canadian customers only. All products available on this webpage are available only in Canada. All prices on this webpage are displayed in Canadian dollars, and are subject to change without notice. Some of the products listed on this webpage may be unavailable. All orders are subject to the approval of Browns and may be refused at any time. For more information on ordering Browns products through the webpage, please see the Terms of Sale agreement.

3. LINKS TO THIRD PARTY WEBPAGES

This webpage may be linked to other webpages operated by third parties to provide you with increased value during your visit to our webpage. Browns expressly excludes all liability with relation to these linked webpages. Linked webpages are independent of Browns, who neither operates nor oversees them. By accessing linked webpages, you acknowledge that you are accessing the webpages at your own risk, and you agree that Browns shall have no liability with relation to those webpages. Notwithstanding the separate and independent nature of linked webpages, we would like your feedback if you have any problems or issues with the webpages.

4. DISCLAIMER

TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBPAGE IS AT YOUR OWN RISK, AND BROWNS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE. THOUGH BROWNS WILL USE ALL REASONABLE EFFORTS TO MAINTAIN THE CONTENTS AND SECURITY OF THE WEBPAGE, THE WEBPAGE AND CONTENTS ARE PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS. SPECIFICALLY, BROWNS DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

5. LIMITATION OF LIABILITY

YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL BROWNS, ITS OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES (DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBPAGE. THIS LIMITATION SHALL APPLY EVEN IF BROWNS, ITS OFFICERS OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN BROWNS AND YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

6. TERMS OF SALE

Any purchases you make on this webpage are subject not only to the terms of this Agreement, but also to the Terms of Sale agreement, which can be accessed at www.brownsshoes.com.

7. PRIVACY POLCIY

This webpage is governed by the Browns Privacy Policy, which can be accessed at www.brownsshoes.com. By accessing our webpage, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy.

8. USE OF THE WEBPAGE

You acknowledge and warrant that any information you may submit to us does not infringe on your rights, or a third party's rights, specifically but not limited to copyrights, trademark rights or any other confidential or proprietary right. You acknowledge that the information you send us shall not be libellous or defamatory, nor shall it be obscene.

You are responsible for maintaining the security of you customer account on this webpage. As such, we ask that you protect your customer account password. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held responsible.

You agree that Browns can make any use of the information you submit, so long as such use is in accordance with the Privacy Policy.

You further agree that you will not knowingly submit any information that will cause damage either to the webpage or to any other user. Such information includes but is not limited to viruses or bugs.

9. TERMINATION

Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of Browns. Browns is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Browns may choose to enforce.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Browns, its officers and employees against any action arising from your misuse of this webpage (including the violation of the Terms of Use, Terms of Sale or the Privacy Policy),any use or misuse related to your customer account, and any damaging information you submit to the webpage. Such indemnification shall cover all costs, including attorney’s fees.

11. GENERAL

The Terms of Use, the Privacy Policy and the Terms of Sale shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

This Agreement can be amended at Browns sole discretion, without giving you notice. Your continued use of the webpage shall constitute your consent to these modifications. As such, we recommend that you check the webpage for updates from time to time. The webpage was last modified on March 1, 2007.

Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.

The headings used throughout this Agreement have been inserted for convenience only and shall not in any way affect the meaning of this Agreement or any provision thereof.

This webpage and any use of this webpage shall be governed and construed by the laws applicable to the Province of Quebec, without regard to conflict of law rules. Both Browns and you agree to the exclusive jurisdiction of the Province of Quebec.

Terms of Sale

Welcome to www.brownsshoes.com. Please review this Terms of Sale agreement (the "Agreement"), which shall apply to all products sold to you through this webpage by Browns Shoe Shops Inc. ("Browns"). This Agreement sets out your rights and limitations. By making a purchase on this webpage, you are agreeing to be bound by this Agreement. As the terms of this Agreement may be changed at Browns sole discretion, without sending notice to you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes. This webpage was last modified on March 15, 2007.

Please note that you should also review the Terms of Use and the Privacy Policy, both of which you also consent to through the use of this webpage.

1 ORDERS AND PAYMENT

This webpage is intended for the use of Canadian customers only. All products available on this webpage are available only in Canada. When you make a purchase on this webpage, your order shall be considered as an offer to Browns. You will then receive a confirmation of your purchase. THIS CONFIRMATION DOES NOT REPRESENT AN ACCEPTANCE OF YOUR OFFER BY BROWNS. You agree that your offer will only be accepted upon the receipt of an acceptance email sent to you by Browns.

The credit card service provider must approve all purchases made through the use of a credit card.

Browns reserves the right to refuse or cancel your order at any time. Browns will take all reasonable measures to ensure that the description of the product and the price are accurate, but if the products are incorrectly described or priced, Browns reserves the right to refuse or cancel your order. Following the refusal or cancellation of your order, Browns shall send you an email notification. Should your order be refused or cancelled following payment, Browns will reimburse you for the full amount paid.

2. PRODUCT AVAILABILITY

Product availability is subject to supply limitations, and products may be unavailable for delivery. Browns reserves the right, at any time, without liability and without prior notice, to revise or cease to make available any or all of the products. Should the product become unavailable following your receipt of an acceptance email, Browns will notify you by email. At such time, you will have the right to a full refund, or to place another order.

3. PRICE

All prices are listed in Canadian dollars. As per the Orders and Payments section of this Agreement, Browns will take all reasonable measures to ensure that the prices of the products are accurate. However, if the prices are incorrectly listed, Browns reserves the right to refuse or cancel your order.

4. SHIPPING

Browns will only ship to Canadian addresses, and will do so based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and Browns will not be responsible for any damages due to delays in shipping. Further, Browns reserves the right to refuse or cancel your order if there are no reasonable shipping options.

Charges for shipping will be listed when you purchase the product or service from our webpage. You are responsible for all federal and provincial shipping related taxes.

Browns uses a third party shipping service provider to ship its products. As such, Browns will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.

In the event of a package being returned to sender, Browns reserves the right to charge for all shipment fees and up to a 20% restocking fee.

5. RETURN POLICY

If you are not satisfied with your product for any reason, you may return the product subject to Browns' return policies.

6. DISCLAIMER

EXCEPT AS PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, BROWNS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BROWNS DOES NOT WARRANT THAT THE TRANSACTION WILL BE FREE OF DEFECT. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL BROWNS, ITS OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE. BROWNS, ITS OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. WHILE BROWNS WILL TAKE ALL REASONABLE STEPS TO ENSURE THAT NO VIRUSES OR BUGS ARE TRANSMITTED THROUGH ITS WEBPAGE, BROWNS EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF BROWNS, ITS OFFICERS OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. BROWNS MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN BROWNS AND YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

8. EXPORT CONTROL

You agree to comply will all export laws of Canada that apply to the products purchased or received under this Agreement.

9. RESALE/ASSIGNMENT

You agree not to resell any products purchased under this Agreement.

You agree not assign or transfer your rights under this Agreement, without the express written consent of Browns.

10. GENERAL

This webpage and any use of this webpage shall be governed and construed by the laws applicable to the Province of Quebec, without regard to conflict of law rules. Both Browns and you agree to the exclusive jurisdiction of the Province of Quebec.

The Terms of Use, the Privacy Policy and the Terms of Sale shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

The headings used throughout this Agreement have been inserted for convenience only and shall not in any way affect the meaning of this Agreement or any provision thereof.

Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not effect the validity of the other provisions.