Website Terms x Conditions

— Effective November 27, 2015 —


Welcome to King x Portland. The services on this site are offered to you by XYZ INC., parent company of KxP. For the rest of this text, KxP will be used, but it is understood that KxP is owned by XYZ INC. When you use KxP ("KxP", "KXP", "we", "our", "us") you understand that you are subject to the following conditions. If you visit or shop at www.kingxportland.comwww.shop.kingxportland.comshop.kingxportland.com or kingxportland.cratejoy.com you accept and agree to abide by these conditions. Please read them carefully. When you use any current or future KxP service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order, if you have any queries relating to these terms and conditions, please email our customer service team at hello@kingxportland.com

BY USING THE KxP SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE KxP SITE.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the KxP site and forms part of these terms, in order to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit KxP or send e-mail 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 the KxP site. 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. You may notify us at any time to let us know you longer want to receive these electronic communications from us. 

COPYRIGHT

All content included on the KxP site, such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of KxP or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the KxP site is the exclusive property of KxP and protected by Canadian and international copyright laws. All software used on the KxP site is the property of KxP or its software suppliers, and protected by Canadian and international copyright laws.

TRADEMARKS

KxP, and other marks indicated on our site are trademarks or registered trademarks of XYZ Inc. in Canada and other countries. KxP graphics, logos, page headers, button icons, scripts, and service names are trademarks of KxP. KxP’s trademarks may not be used in connection with any product or service that is not KxP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KxP. All other trademarks not owned by KxP or its affiliates that appear on the KXP site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KxP.

LICENSE AND SITE ACCESS

KxP grants you a limited license to access and make personal use of the KxP site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of KxP. This license does not include any resale or commercial use of the KxP site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the KxP site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

The KxP site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of KxP. 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 KxP without express written consent. You may not use any meta tags or any other "hidden text" utilizing KxP’s name or trademarks without the express written consent of KxP. Any unauthorized use terminates the permission or license granted by KxP. You are granted a limited, non-transferrable, revocable, and nonexclusive right to create a hyperlink to the KxP home page, so long as the link does not portray KxP or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KxP logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use the KxP site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the KxP site only with involvement of a parent or guardian. KxP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

BILLING, PAYMENT AND CREDIT CARD INFORMATION

When you place your first order, we will save your credit card information for use on future purchases. Your card will be billed for any recurring orders or subscriptions you initiate. We accept Visa, MasterCard and American Express as forms of payment. We encourage you to keep your payment information up to date to avoid interruption of service. KxP charges will show up on your credit card as KING X PORTLAND.

CONTACTS & INFORMATION IMPORTED VIA SHARING

Any contact information imported or shared with another person may be stored privately by KxP, as well as the personal information of any recipient. We may also use that recipient’s contact information to allow him or her to view and accept your gift, or to allow the recipient to access the information you requested we send.

RETURNS & EXCHANGES

All socks are checked for quality before being sent to you and while we try our best to ensure that the goods are delivered to you in good condition, the goods may be damaged in the delivery process. Where you receive a defective or damaged item from us, you have seven (7) days to return the damaged item and we will re-send the item and pay for the return and additional postage charges. In the case where we do not have any stock of that item, we will offer you a substitute item of equal value. If you intend to seek a replacement of any item, you must email us at hello@kingxportland.com to obtain prior approval. Please include your contact details and the reason for the return. 

We will not accept returns of items that are not faulty or damaged. We will not provide a refund for any returned items supplied by us unless required by law or in the exercise of our sole discretion.

Any items returned must be accompanied by their original packaging and any relevant original documentation specified by us and except in the case of faulty items, must remain unused and in original conditions.        

Please ship your unworn, defective socks to: 123 Main St, Toronto, ON

REFUNDS

We are happy to refund the cost of any order made in error, as long as we haven’t already shipped your socks. For example, if you accidentally order two subscriptions and only wanted one subscription, we’re happy to cancel the second subscription and refund your money. If we’ve already shipped the socks for the second subscription, we’ll cancel any future socks for the canceled subscription but cannot refund the cost of the socks that have already shipped.

All subscriptions are non-refundable. Monthly subscriptions are only a month-to-month commitment, however 3-month, 6-month or 12-month subscriptions must be paid in full up front and are non-refundable and non-transferrable.

Refunds can only be made to the credit card used to make the purchase.

Gift subscriptions have no cash value and can only be refunded upon request of the original purchaser. Gift subscriptions are non-transferable.

By participating in our sock subscription service, you accept that you may not be able to see the exact sock or product you are ordering before it arrives and as such we do not refund the cost of socks that you have received and simply don’t like and we do not refund shipping costs for any packages that have already shipped.

CANCELLATIONS

On all subscription types (whether monthly, 3-month, 6-month, or annual), we will send you socks until you cancel in accordance with these terms. To Cancel your subscription, login to your account at www.kingxportland.com

DELIVERY & SHIPPING

  • Shipping fees are listed on each product.

  • We currently only ship to Canadian addresses.

  • Each month, we endeavour to have your socks shipped from our Toronto, ON or Lindsay, ON offices by no later than the 10th day of the month. Although we do not guarantee delivery by a particular date, you should receive your socks each month by the 15th or earlier.

In the unlikely event that you do not receive your shipment in a particular month, due to a postal error, please contact us atsupport@kingxportland.com and we will get it sorted!

INTERNATIONAL SITE ACCESS

This site, www.kingxportland.com, can be accessed from countries other than Canada and the United States. KxP may offer products or references to products that are not available outside of Canada and the United States. Any such products or references to products do not imply that such products will be made available outside Canada and the United States. If you access and use www.kingxportland.com, outside Canada and the United States you are responsible for complying with your local laws and regulations.

RISK OF LOSS

All items purchased from KxP are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

KxP has made every effort to display as accurately as possible the colours of our products that appear on our website. However, as the actual colours you see will depend on your monitor and/or mobile device, we cannot guarantee that your device’s display of any colour will accurately reflect the colour of the product on delivery.

All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.

KxP attempts to be as accurate as possible. However, KxP does not warrant that product descriptions or other content of the KxP site are accurate, complete, reliable, current, or error-free. If a product offered by KxP is not as described, please contact our customer service team at hello@kingxportland.com.

ILLEGAL USAGE PROHIBITED

You shall not use KxP’s Website or materials to past, transmit, upload, distribute or publish any content that is libellous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of KxP. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE KXP SITE IS PROVIDED BY XYZ INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. KXP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KXP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KXP DOES NOT WARRANT THAT THE KXP SITE, ITS SERVERS, OR E-MAIL SENT FROM KXP ORWWW.KINGXPORTLAND.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KXP, ITS PARTNERS, AFFILIATES AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE KXP SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), AND CONSEQUENTIAL DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LINKS TO OTHER WEBSITES

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. KxP has not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. KxP does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.

TERMINATION

You acknowledge and agree that KxP, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where KxP believe that you have violated any of these terms. You agree that KxP shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website.

DISCLAIMER

You acknowledge that you are using this site including its materials at your own risks. KxP and its partners, affiliates and suppliers do not guaranty error-free or uninterrupted operations of this site. The products, services and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non infringement of intellectual property. KxP and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and KxP makes no commitment to update the materials. Information published on this site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

INDEMNIFICATION

You shall indemnify and forever save harmless KxP, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.

APPLICABLE LAW

By visiting the KxP site, you agree that the laws of the Province of Ontario and the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.

REVISION OF TERMS

KxP may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this site.

ENTIRE AGREEMENT

These terms together with KxP’s privacy policy constitute the complete and entire agreement between you and KxP pertaining to the use of this site and supersede any prior agreements, whether written or oral.

WAIVER

KxP will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by KxP. No delay or omission by KxP in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on the KxP site. These policies also govern your visit to the KxP site. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. Any changes or revisions will be effective immediately upon their posting on the KxP site. Your use of the KXP site will be subject to the version of the Terms and Conditions posted on this site at the time of such use. Accordingly, you are advised to review the Terms and Conditions prior to using the KXP site.

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE KXP SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. 

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PROMOTIONAL OFFERS

KxP promotional offers may be subject to promotion specific guidelines and restrictions. In addition to these promotion specific conditions, all regular KxP terms and conditions still apply as usual and are applied at the discretion of KxP management. Orders placed, that infringe on these guidelines can and will result in the cancellation of said order and will be treated as fraudulent.

Holiday Coupon Codes and offers

Various coupon codes offered during the months of November and December 2017, will allow 20% off for the first 3 months on a month to month subscription. This promo code cannot be combined with any other offer, and is applicable only on new purchases and cannot be used on current existing accounts. A maximum of 600 promo codes will be made available. By entering your promo code, submitting your mailing information and payment details, you (i) accept the offer, (ii) consent to us using your payment details in accordance with our Privacy Policy, (iii) acknowledge and agree to the King x Portland Terms and Conditions and the Coupon Code Terms and Conditions. You may cancel at any time. Cancellations must be made  by logging into your account. King x Portland is not and shall not be responsible for making cancellations for any customer. This offer is not redeemable for any cash value. Offer only available to Canadian residents, and ships only within Canada.

King x Portland at all times reserves the right to amend, alter or revoke these terms for any reason whatsoever in its sole discretion, which includes the right to terminate the offer. After such time of termination, King x Portland shall not be obligated to redeem any further promo codes.