Conditions of Use

For all your orders in the context of this online offer Positive Possibilities Incorporated, 48012-1881 Yonge Street, Toronto, Canada is your contracting partner. All services from Positive Possibilities to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Positive Possibilities and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Positive Possibilities has agreed to them in writing.

Positive Possibilities Incorporated is responsible for the articles and designs offered in a Positive Possibilities Store.

By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale. Positive Possibilities sends an order confirmation via e-mail to the customer. The order confirmation does not represent an acceptance of the offer, but shall only acknowledge to the customer that their order has been received by Positive Possibilities. The contract is only accepted when Positive Possibilities ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail. Positive Possibilities reserves the right to reject any received orders for any reason with notice to the customer. The contract ends with the complete delivery to the customer supplied address through Positive Possibilities' shipment provider. If there is an interruption of delivery and Positive Possibilities fails to cover a congruent substitute transaction in a business reasonable timeframe, the customer will be informed immediately about the non-availability of the service. If the case of the customer having already paid, then the funds paid will be refunded.

Normally, goods are shipped within 24hrs. The delivery will be shipped within three weeks at the latest. Delivery times and terms of delivery will only be binding insofar as Positive Possibilities has expressly agreed to such in writing. Typical, delivery times are 2-4 days, but can take up to 2-3 weeks in certain circumstances. Delivery is available internationally. Delivery shall be conducted by a shipment service provider chosen by Positive Possibilities. The customer has to pay standard shipping costs that may depend on order value, and where the order is shipped. Current shipping prices can be viewed at www.positivepossibilities.com/help

For shipping to the Canada and the United States, the stated prices are final. They include the taxes arising from the transaction, particularly sales taxes. Shipping and handling are billed separately and shown separately on the invoice. The shipping address and order amount is decisive for location determination. For customers from outside Canada and the United States, all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales or other taxes in the recipient country, then these will be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties, which the customer will pay additionally upon receipt of the goods. The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at www.positivepossibilities.com/help Purchase price, along with shipping and handling charges are immediately payable, without deduction.

Your order will be shipped once payment has been approved and the delivery/billing address has been verified.
Shipping costs will be calculated depending on the size, weight and destination of your package. We endeavor to dispatch all orders within 24 hours. Please note that delivery to Post Office Boxes is not available.

Payment will be carried out according to the customer's choice of either Pay Pal or Google Checkout. Positive Possibilities reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria. Payment will be debited and cleared from your account upon receipt of your order. We take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site. If the issuer of your payment refuses to authorize payment to Positive Possibilities, we will not be liable for any delay or non-delivery. In case the method of payment chosen by the customer is practicable, where Positive Possibilities has met its contractual obligations, then the customer shall reimburse any additional costs incurred by Positive Possibilities or a third party, which carried out the transaction. Positive Possibilities is entitled to make use of the services of trustworthy third parties for the handling of the payment: a) If it comes to a default of payment of the customer, Positive Possibilities is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties. b) In the case of intervention of third parties in the handling of payments, then payment in relation to Positive Possibilities only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

Up to the payment of any monies owed to Positive Possibilities and the order is shipped, the goods remain the property of Positive Possibilities. The customer is obliged to handle the product with care up to the transfer of ownership.

We want you to be completely happy with your order, so all of our products carry a 30 day unconditional guarantee. Returns received outside the above time frames are accepted at the discretion of Positive Possibilities. All we request is that you first obtain a return authorization to inform us of your reasons for returning or exchanging by sending us your order number and the reason for the request to return/exhange at re@positivepossibilities.com. All items for return or exchange merchandise may not be returned without prior authorization. To process a refund or exchange, we must first issue you a return authorization number. Once the return/exchange has been authorized, you must display the return/exchange number on the parcel being returned including copy of packing slip sent with original order.

We can only exchange an item for the same item in a different size, subject to availability. We are unable to process any exchanges for a completely different item. Exchanged items can only be dispatched after the returned goods have been received and undergone a quality control check. Exchanges received outside of 30 days are subject to product availability and the customer will incur any shipping costs for such exchanges. Positive Possibilities will not accept returns for any non-faulty items that have been worn and tags removed. Upon receipt of an order, if any item has been received with no tags, customer should notify us (by phone or email) on the same day if they wish to return. We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging. In the event of any failure to return any goods to us within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods. Faulty items will only be accepted if the goods are delivered to the customer damaged or there is a subsequent manufacturing fault within a period of 60 days after delivery. All items returned as faulty will be inspected and any items deemed to subject to fair wear and tear will not be accepted as faulty.
Please be aware that international customs duties and sales taxes are not refunded for shipments outside of Canada.

Refunds to you will be made within 30 days of the date of cancellation notice. All undamaged, correctly returned products will be credited to the original purchaser's method of payment including sales taxes, excluding shipping charges. As previously stated, international customs duties and sales taxes are non-refundable for shipments outside of Canada.

Positive Possibilities Incorporated insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign any goods delivered at which point responsibility for your purchased goods passes to you.

Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Positive Possibilities for the correctness of this information. Regarding type and scope of delivery only the information will be decisive which is contained in the order confirmation. As far as there is a defect in the goods that are under warranty, the customer will be entitled to a replacement, to cancel the order, or keep the order at a reduced price, agreed by both parties. In the case of return shipments due to defects, Positive Possibilities will pay for the cost of postage. The customer shall be obliged to work with Positive Possibilities to find the most cost-effective shipping. Shipping and handling may be paid by the buyer first and then subsequently reimbursed by Positive Possibilities after the shipment has been received and verified. Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Positive Possibilities will not be liable for the continuous and uninterrupted availability of the online offer, or claims made about Positive Possibilities by parties other than Positive Possibilities employees and partners. The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.

Seller cannot guarantee variations in color, shade, size and construction of stock merchandise. Seller hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between customer and seller and will not apply to the merchandise sold by seller.

Positive Possibilities only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. Positive Possibilities' liability is limited to the payment of the foreseeable, typically occurring damage. As far as liability of Positive Possibilities is excluded or limited in these general terms and conditions then the same applies for personal liability related to the order for damages on the part of employees, representatives and agents of Positive Possibilities.Customer acknowledges that seller will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the seller's merchandise.

Seller will not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

Place of fulfillment for all services is the place of business of Positive Possibilities in Toronto, Ontario, Canada. Toronto, Canada is the place of general jurisdiction. In such case, Positive Possibilities is also entitled to sue the customer according to the opinion of Positive Possibilities at their resident court. If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains in affect.

For further information, call our customer service number and leave a voice mail at 1-416-280-6126. Or send an email to info@positivepossibilities.com with any questions you may have.