Defyen, a division of Delastek Inc. 

  • 2699 5e Ave, Local 14, Shawinigan QC G9T2P7 
  • 1-819-533-5788 
  • info@defyen.com 

General conditions of use and sale www. defyen.com 

Date of last update: 2022-06-13 article 1 – Purpose 

These terms of use and sale (“Terms”) apply to users(“you”) of the website www.defyen.com (the “Website”) owned and operated by Defyen, a division of Delastek Inc.  (“Defyen” or “we”). 

BY ACCESSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, PLEASE DO NOT USE THE WEBSITE AND LEAVE THIS PAGE.  

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, BUT IN PARTICULAR TO IMPROVE YOUR EXPERIENCE ON OUR WEBSITES, TO UPDATE, REVISE OR OTHERWISE MODIFY THESE TERMS. SUCH CHANGES WILL BE EFFECTIVE IMMEDIATELY AND INCORPORATED HEREIN. WE RECOMMEND THAT YOU REVIEW THESE TERMS REGULARLY TO ENSURE THAT THEY ARE UP-TO-DATE. 

Article 2 – Price and accuracy of information 

Defyen strives to ensure that the information on the website is complete and accurate. However, we do not guarantee that the informationon the website is error-free, complete or up-to-date. We assume no responsibility for any errors or omissionsthat may appear on the w eb site, including information relating to product descriptions, prices and availability. 

The prices of our products are indicated before taxes. Prices are also quoted in Canadian dollars unless otherwise stated. 

We reserve the right to correct any errors, inaccuracies or omissions at any time, without notice and without liability to you. We also reserve the right to modify, at any time, the information on the prices and availability of the products, and any other element of the content of the website, without prior notice. 

 

The illustrations of the products displayed on the site are for informational purposes only. The products may differ somewhat from their illustration, especially in terms of colors and patterns. We invite you to always read the full description of the product before making a purchase. In addition, the products displayed on the site are subject to their availability. Although we strive to update the Site as frequently as possible based on available inventory, a delay may occur in the update and, as a result, a product may not be available even if it is displayed as such on the Site. If the desired product is not available, we reserve the right not to accept your order or to cancel it. 

 

Article 3 – Orders 

You can place an order: 

  • On our website: www. defyen.com 
  • For a special request, for email using the contact form of the site.  

The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order. 

Article 4 – Validation of your order 

Receipt of a confirmation email does not constitute acceptance of your order or an offer to sell the product. 

We reserve the right not to process, accept and cancel, at our sole discretion and at any time, an order including, without limitation, in the event that the desired product is found to be out of stock, in the event of a price display error, or if important information about a product is missing or inaccurate on the Site. In addition, we reserve the right, without notice, to limit the quantity of any product for any order or to refuse an order for any reason. If we do not process, refuse or cancel an order under the foregoing, we will notify you and you will not be charged or, if there has been billing, we will refund you.  

Article 5 – Payment 

Payment by credit card is the only form of payment that allows you to make online purchases on the site. Only VISA and MasterCard credit cards are accepted. 

Article 6 – Return, exchange and refund 

  • Swimsuits are non-refundable and non-exchangeable. These are products final salee. 
  • Sale products are final sales. No returns, exchanges or refunds will be accepted. 
  • No exchanges can be made online.  

 

  • The product must not be damaged, worn,altered or washed. 
  • The product must be in its original packaging. 
  • The deadline to make a return is 30 days from the date of purchase. 
  • Delivery costs are non-refundable and return costs are the responsibility of the customer. 
  • For any return, please contactcustomer service via the form for this purpose. Please indicate the reason for your return. 
  • All merchandise will be inspected before the return is authorized and after approval the refund will be made within 5 working days. 
  • We reserve the right to refuse returns that do not comply with this Returns Policy. 
  • The refund will be made in the same way as the initial payment. 

Article 7- Availability 

Our products are offered as long as they are visible on the website www. defyen.com and within the limits of available stocks.  

In case of unavailability of product after placing your order, we will inform you by email. Your order will be automatically cancelled and you will be refunded. 

Article 8 – Delivery 

The products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page. 

In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time indicated to you. 

In the event of deliveries by a carrier, Defyen cannot be held responsible for late delivery due exclusively to an impossibility of the carrier to leave the package or, in some cases, the unavailability of the customer after several delivery attempts. 

Delivery policy 

  • The fixed rate for standard delivery is $15. 
  • Standard shipping is free for any purchase of $125 or more before tax.  Please note that for some promotions, delivery charges may apply. 
  • We reserve the right to change shipping costs without notice. 
  • The services of Canada Post and Fedex are used for delivery at the choice of the sender. 
  • The delivery time is 5 to 10 working days. 
  • We only ship to Canada 

Article 9 – Warranty 

All our products benefit from the legal guarantee In case of non-conformity of a product sold, it can be exchanged. 

  All complaints, exchange requests must be made by email: info@defyen.com or by the contact form of the website within 30 days of delivery. 

The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions …). The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of supporting documents. 

Article 10 – Limitation of Liability 

The products offered comply with current Canadian legislation.  

In addition, Defyen cannot be held responsible for damages resulting from misuse of the purchased product. 

Finally, Defyen cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses. 

Article 11 – Applicable law in the event of disputes 

These Terms are governed exclusively by the laws of the Province of Quebec and the federal laws applicable therein, regardless of your place of residence or location. Any dispute, remedy or claim arising out of or in connection with these Terms or the use of the Website or its content shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Quebec, Canada.  Article 12 – Intellectual property 

All elements of the website www. defyen.com are and remain the exclusive intellectual property of Defyen.  It is strictly forbidden to use any trademarkor logo reproduced on this website, without the prior written permission of their respective owners.  No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link to this website is strictly prohibited without the express written consent of Defyen. 

Article 13 – Personal data 

Defyen is committed to the protection of your personal information. Please refer to our Privacy Policy for our practices regarding the collection, use, disclosure and retention of personal information.