Website terms
1. Use of this website
This website is owned by ALDO U.S., Inc. (hereinafter " ALDO"), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
2. Privacy
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by ALDO in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
3. Other policies and agreements
When you purchase products from ALDO using the www.aldoshoes.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.aldoshoes.com website.
4. Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to ALDO. ALDO does not knowingly collect information from children under the age of 13. ALDO and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
5. Product information
The products available for sale and/or distribution by ALDO are available only in the contiguous united states ( i.e. The U.S.A. less alaska and hawaii) and this website is directed only at customers and prospective customers in those states. ALDO and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by ALDO. However, ALDO does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
Price and availability information provided on this website is subject to change without notice. All prices quoted are in U.S. Dollars.
This website and its contents are not to be construed as an offer to sell any product or service.
6. Exclusion of warranties
ALDO makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALDO does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. All material or information on this website is provided to you "As is", "With all faults" and without warranties of any kind, whether express or implied. ALDO and its licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality, durability, suitability or fitness for a particular purpose. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
7. Limitation of liability
ALDO will not be liable for any damages, either direct or indirect, incidental, special or consequential, for use of or inability to use material, products or services of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, whether on a contractual, tort or extracontractual basis, or to provide indemnification or any other remedy to you or any third party. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
8. Copyrights and trademarks
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by ALDO, and ALDO does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of ALDO. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of ALDO or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, ALDO authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ALDO and its affiliates without express written consent of ALDO. You may not use any meta tags or any other "hidden text" utilizing ALDO’s name or trademarks without the express written consent of ALDO. Any unauthorized use of this site and/or its contents terminates the permission or license granted by ALDO.
9. Confidentiality of the information transmitted
You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to ALDO's privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to ALDO by accessing or using this website does not infringe the rights of any other person or entity. You consent to ALDO using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of ALDO or the disclosure of your identity, in accordance with the ALDO Privacy Policy (see Section 2 above).
10. Electronic communications
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. SMS mobile terms & conditions
When you provide your mobile number to ALDO, you agree to receive up to 4 messages per month from ALDO on your mobile phone. The text messages may include updates, alerts and exclusive offers. You can reply STOP to 22536 to cancel this service or HELP for help. For more information, contact Customer Service at 1-888-818-2536 or comments@aldogroup.com. Standard message and data rates may apply.
Compatible carriers include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - Syringa, Rina - UBET, Rina - Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless. T-Mobile is not liable for delayed or undelivered messages.
12. Surveillance
ALDO may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, ALDO makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if ALDO ever decides to do it.
13. Links
Links and references to other websites are provided to you as a convenience only. ALDO has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by ALDO. To obtain permission, contact our Website administrator at comments@aldogroup.com
14. Viruses, etc
ALDO does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
15. Damages to others
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
16. Reserve of rights
All rights not expressly granted in these terms are reserved to ALDO. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of ALDO or any other person or entity.
17. Governing law
This site is controlled and operated by ALDO from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
18. Dispute resolution; injunctive relief
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure discussed below) (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-888-818-2536, and give us an opportunity to resolve the dispute. Similarly, before ALDO takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or ALDO is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum's Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to these terms shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by these terms and may not award exemplary or punitive damages or attorneys' fees. You and aldo both waive any claims for an award of damages that are excluded under these terms.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 17, the National Arbitration Forum's Code of Procedure or any other provision of these terms, ALDO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
19. Changes to terms/severability
ALDO may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
20. Jurisdiction
This website is controlled and operated by ALDO from Montreal, Quebec, Canada. ALDO makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
21. Cookies
We may use "cookies" to track your preferences and activities on the ALDO website. Cookies are small data files saved by a website on your web browser. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.
We may share with certain partners information collected from our cookies placed on the ALDO website, such as your browsing activity on our websites and the products you purchase, to allow them to provide more relevant ALDO ads to you and provide us with measurement services, on an aggregated basis, on the efficiency of these ads. For the same purposes, we may allow the partners to place cookies, web beacons, and other storage technologies on our website and use them to collect information about visitors of our website.
You may also opt-out of the collection and use of your information for online behavioural advertising by visiting the following websites:
http://www.aboutads.info/choices (United States),
https://youradchoices.ca/choices/ (Canada) or
http://www.youronlinechoices.eu/ (European Union).
To comply with the partner’s Business Tools Terms and the OPC’s position on OBA, Aldo may therefore be required to include more than a link to its Privacy Policy on its website. Some organizations comply with these requirements by placing a banner on their website to inform users that tracking cookies used for OBA will be placed on their browsers. Other organizations become members of the Digital Advertising Alliance of Canada (“DAAC”), which administers the “Your Ad Choice” program, and place the AdChoice logo on their website as a link to a dedicated page (i.e. outside of the privacy policy) explaining how visitors’ information is collected for ad purposes.
Facebook-Related Advertising
You may always review and modify your Facebook Ad Preferences to request that Facebook stops serving ads to you based on your web browsing.
22. No waiver
The failure of ALDO to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of ALDO to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
23. Entire agreement
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and ALDO with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ALDO making such amendments or modifications available to it pursuant to the terms hereof.
24. Termination
ALDO reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
25. Headings
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
26. English language
You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.
Last update: March 30th 2016
Terms and conditions of sale
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from ALDO U.S., Inc. (“ALDO”) using the www.aldoshoes.com website. ALDO reserves the right to change these terms and conditions without prior written notice at any time, at ALDO’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.aldoshoes.com website.
Please read this agreement carefully! By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement also contains a dispute resolution clause, found in section 13.
As further discussed in section 11 of this agreement, except as expressly provided for in this agreement, aldo does not make or give any representation or warranty with respect to the products you may purchase from this website and aldo's liability is limited as provided in that section.
1. Consent to use to electronic documents
You hereby consent to the exchange of information and documents between you and ALDO over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by ALDO as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Other documents, agreements and policies
Your use of this website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in Section 13 of this Agreement) shall supersede and take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.
3. Order
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “ Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“ Submit Order”] button), such order will constitute an offer from you to ALDO to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on ALDO until accepted by ALDO. ALDO’s acceptance of your order is evidenced by return e-mail from ALDO indicating that your order has been accepted.
4. Cancellation
ALDO reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, ALDO will issue a full refund.
5. Price
All prices quoted are payable in U.S. Dollars. Although ALDO strives to provide accurate product and pricing information, errors may occur. ALDO reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. ALDO cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.aldoshoes.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, ALDO may, at its sole discretion, refuse or cancel your order, whether before or after ALDO’s acceptance thereof. If there is such an error in pricing, ALDO will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
6. Payment terms
Terms of payment shall be determined at ALDO’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by ALDO. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. Product availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. ALDO may revise or cease to make available any Products at any time without prior notice. In the event that ALDO is unable to deliver you a Product ordered due to lack of availability, ALDO will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that ALDO may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
The products available for sale and/or distribution by ALDO are available only in the contiguous United States (i.e. the U.S.A. less Alaska or Hawaii).
8. Shipping; taxes
ALDO will arrange for the shipping of the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. ALDO will only arrange for the shipping of products to addresses located in the contiguous United States (i.e. the U.S.A. less Alaska or Hawaii). Delivery times provided by ALDO are estimates only. ALDO shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and state sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for the Product. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have any questions about the sales taxes on your order, or whether taxes are applicable to your shipping and handling charges, please call us anytime at 1-888-818-2536.
9. Ownership; risk of loss
All Product(s) purchased from ALDO are delivered to you by a third party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond ALDO's control once it leaves our facilities, ALDO cannot be held liable for late deliveries. ALDO will, however, work with you to ensure a smooth delivery.
10. Returns
All Product returns are subject to the ALDO Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. Exclusion of warranties and limitation of liability
Except as expressly provided for in this agreement, aldo does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade.In no event will aldo be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by aldo or otherwise related to this agreement or the transactions conducted on or from the www.aldoshoes.com website, even if aldo or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will aldo’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will aldo be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, aldo’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of ALDO.
Certain federal, state or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
For the purposes of this Section, “ ALDO” shall include ALDO’s affiliates and ALDO’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This Section shall survive the termination or expiry of this Agreement.
12. Governing law and jurisdiction
This website and its server are physically located within the Province of Quebec, Canada. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. Dispute resolution; injunctive relief
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present Agreement (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding its negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure discussed below) (hereinafter collectively referred to as “ Claims” and each, individually, as a “ Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of this Agreement.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-888-818-2536, and give us an opportunity to resolve the dispute. Similarly, before ALDO takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or ALDO is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in Schedule «A» below.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to this Agreement including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in this Agreement or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to this agreement shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by this agreement and may not award exemplary or punitive damages or attorneys' fees. You and aldo both waive any claims for an award of damages that are excluded under this agreement.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 13, the National Arbitration Forum's Code of Procedure or any other provision of this Agreement, ALDO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
14. Export laws
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold ALDO harmless against all claims, damages or liability resulting from breach of the foregoing.
15. Headings
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
16. No assignment
You may not assign your rights or obligations under this Agreement without the express written consent of ALDO.
17. Enurement
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
18. Severability
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Entire agreement
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and ALDO relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ALDO making such amendments or modifications available to it pursuant to this Agreement.
20. No waiver
The failure of ALDO to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of ALDO to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
21. English language
You expressly agree that this Agreement and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que cette entente et tous les documents y afférents soient rédigées en anglais seulement.
ALDO Ethical Sourcing Policy
ALDO wants to ensure that every business decision in which we are involved promotes social welfare in the countries where we do business.
Our Code of Ethics and our Supplier Partnership Manual specify the minimum requirements by which all of our suppliers and their own suppliers must abide, including employment practices, legal requirements, health and safety standards and environmental protection laws and regulations. Also, our Code of Ethics expressly prohibits the use of child or forced labour and any forms of coercion, abuse or harassment.
ALDO conducts audits of our suppliers based on the conditions outlined in our Code of Ethics and our Supplier Partnership Manual. These verifications take the form of announced and unannounced on-site inspections as well as on-site and off-site discussions with workers conducted by independent monitoring firms. These audits are performed regularly and any non-compliance is detailed in a Corrective Action Plan Report. In the event resolution is not completed within the agreed upon time frame or is not possible, ALDO has the right to choose to terminate the business relationship with the non-compliant supplier.
ALDO’s Global Sourcing and Social Compliance teams combine efforts to develop an approach that goes deeper into our supply chain. ALDO specifies in our Code of Ethics that manufacturing partners must associate with suppliers that comply with legal requirements in any country in which their business is conducted and which meet or exceed ALDO’s minimum standards.
ALDO’s Global Sourcing and Social Compliance teams are trained on the provisions of ALDO’s Code of Ethics and use their visits to factories and supplier facilities as one part of our monitoring and verification programs. They have been trained to report questionable behaviours, including slavery and human trafficking, to management for follow-up and action.
ALDO has undertaken these efforts to verify our supply chain and to ensure that our suppliers provide a safe and healthy working environment to all of their employees.
Last update: October 17, 2014
Live Shopping Sessions – Chat Rules
Our Live Shopping Sessions are live streaming events that contain interactive features, such as the heart symbol option for participants to show their appreciation and a live chat messaging feature in which active audience participants may opt to leave comments and questions during the live streaming event. The Live Shopping Sessions are recorded and may, after the live streaming event, be available online through our websites or other platforms.
All participants in the live chat messaging of our Live Shopping Sessions are expected to conduct themselves in a courteous, civil and respectful manner in accordance with these Chat Rules.
By using the chat messaging channel in our Live Shopping Sessions, you agree that you have read and will follow these Chat Rules.
Respect and Kindness
The chat messaging channel is meant to stimulate discussions and questions about the products being showcased. Please use this channel accordingly and follow these rules:
- Do not post defamatory, injurious, abusive, threatening or other unlawful comments;
- Do not make personal attacks on other audience participants in the chat messaging channel or individuals featured in the Live Shopping Sessions; we have a ZERO-tolerance policy for bullying, harassment, hate speech or any form of discriminatory language based on gender, sexual orientation, religion or believes, race, ethnicity, disabilities, physical appearance, age or socioeconomic background;
- Do not speak of other audience participants or individuals featured in the Live Shopping Session in an objectifying manner; while compliments are acceptable, sexual objectification or other dehumanizing comments will not be tolerated;
- Do not make unnecessarily rude or hostile comments; the Live Shopping Sessions are meant to be a positive, inclusive and enjoyable experience for all participants;
Integrity and Honesty
- When commenting on products, remain truthful to all other viewers of the Live Shopping Sessions; be mindful that applicable laws on truth-in advertising and endorsements are also applicable to live streaming events and recorded works of such events;
- Do not post commercial messages, advertisements or other self-promotion messages;
- Do not post messages that contain materials protected by intellectual property laws, unless you own the rights thereto or have obtained all necessary consents or licenses;
- Do not falsely impersonate someone else.
Common Sense
- Do not use slur, obscene, vulgar, shocking or profanity language;
- Do not engage in spamming or persistent and disruptive off-topic comments;
- Avoid the use of all-caps;
- Do not provide spoilers to TV shows, series or films;
- Do not engage in religious, political or controversial discussion topics – this is not the right forum for these discussions.
Participants in the active audience of the chat messaging channel can participate in either official language when using our Canadian website. However, translation is not provided.
PUBLIC CHANNEL
By posting in the chat messaging channel, you, as an active audience participant, understand that the Live Shopping Sessions are being recorded as live streaming events and that any of your postings, comments and other messages may be included in the recorded works of such events. Any content posted in a publicly viewable forum, including through the chat messaging channel, may be publicly available on our websites and other platforms and as such, be viewable by third parties. Other viewers may see the content that you publish and other information you voluntarily publicly disclose. Third party viewers may in turn use such information without restriction. Aldo is unable to control the uses of any information that you post in the chat messaging channel. You therefore acknowledge that such feature is for the public and not a private communication channel and that you have no expectation of privacy in respect of any postings in such chat messaging channel. You make any disclosure in such interactive feature of our Live Shopping Sessions at your own risk.
You further represent and warrant that you own the copyright on any material or posting made by you, or that you received permission from the copyright owner to provide such material or posting. In addition, you hereby grant us the nonexclusive worldwide right and license to display, copy, publish, distribute, transmit, print and use such postings and materials.
MODERATING ACTIVITIES
Each live messaging channel of our Live Shopping Session will be moderated and filtered by our dedicated team member(s) to apply these Chat Rules. However, we cannot guarantee the compliance of all content submitted by active audience participants, and specifically disclaim any duty to monitor such content. Regardless of our moderation activities, you are, and shall remain at all times, solely responsible for any postings, materials or other messages that you publish, post or otherwise disseminate, under your username or otherwise, through the chat messaging channel.
The chat messaging channel of our Live Shopping Sessions is provided for convenience to its audience participants and third-party viewers. Aldo shall not be responsible for any of the postings, materials or other messages published, posted or otherwise disseminated on this channel by participants, including for the opinions and information included in such messages, and Aldo shall not be liable for any damages whatsoever, including damages for indirect or consequential loss, or loss of use, data, profits or revenues, arising out of, related to or in connection with the posting, availability, non-availability or use of any information or opinions contained in any postings, materials or other messages of the chat messaging channel of our Live Shopping Sessions.
ALDO reserves the right to, without prior notice, remove, block or edit comments and to terminate or ban the access to the chat messaging channel to any participant who does not strictly abide by these Chat Rules. The moderators have the right in their sole discretion to edit or delete inappropriate postings, materials or other messages in the chat messaging channel. If an offending post or message was inadvertently missed by the eagle eyes of our moderators, we encourage participants and viewers to promptly bring this to our attention by sending us a message to comments@aldogroup.com.
Last update: April 28 2021