Site Terms and Conditions

Holiday Exchange Policy: Purchases made after November 22, 2009 may be returned or exchanged through January 17, 2010

 

Welcome to GUESS.ca. Please review the following basic rules governing your use of this site and purchase of products from this site (collectively, "Agreement").

Use Of This Site Constitutes Acceptance Of These Terms And Conditions

GUESS may make changes to the information contained in this site, or to the services described and contained at any time and without notice. GUESS may from time to time change the rules that govern your use of this site. Your use of this site following any such change constitutes your agreement to follow and be bound by the rules as amended. GUESS may change, move or delete portions of, or may add to this site from time to time.

 

Use Restrictions

All trademarks, service marks and trade names on this site, including without limitation, "GUESS?" and "GUESS" alone and in combination with the inverted triangle design are property of GUESS?, Inc. No use of these may be made without the prior written authorization of GUESS, except to identify the products or services of GUESS. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by GUESS or by other third parties. No license is granted with respect to these intellectual property rights.

All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively,"Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GUESS?, Inc., and its subsidiaries and/or affiliates collectively ("GUESS"). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by GUESS and all other GUESS trademarks appearing on this site are trademarks of GUESS.

The Contents of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.

 

Communications And Submissions

All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to GUESS on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain GUESS property. Such disclosure, submission or offer of any comments shall constitute an assignment to GUESS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. GUESS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. GUESS shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that GUESS may use information about you for marketing, product development and promotional purposes. GUESS is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.

 

Products 

GUESS products are available in select GUESS stores, better department stores, and specialty stores. GUESS cannot guarantee that the products displayed on this site will be available at every authorized GUESS retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by GUESS.ca at any time without notice. Prices displayed at the site are quoted in Canadian Dollars and are valid and effective only in Canada.

Due to customs restrictions, there may be items for sale in the US, but not available for sale in Canada, and vice versa.

 

 

Links

This site may provide links or references to other sites. However, GUESS assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.

 

Disclaimer

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GUESS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

 

Limitation Of Liability

You agree to defend, indemnify and hold GUESS harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, GUESS shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.

 

Miscellaneous

This site and the Contents therein are displayed solely for the purpose of promoting GUESS products and services. This site is controlled and operated by GUESS from its offices in Los Angeles, California. GUESS reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. GUESS makes no commitment to update this information.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Southern District of California.

 

Duration

This Agreement remains in effect unless and until terminated by either you or GUESS. You may terminate this Agreement at any time. GUESS may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in GUESS's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or GUESS, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

Sales and Promotions

Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on price purchases or purchases of gift cards. Sale and promotion start and end times are displayed in Canadian Eastern time. GUESS?, Inc. reserves the right to extend, modify or discontinue any offer at any time without notice.

 

 

Limits on purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products.  Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address.  We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason.  Online orders are not deemed to be accepted by GUESS until your products are shipped from our warehouse.  We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy.   This policy applies to all purchases of GUESS? product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites.   We may modify this policy at any time without prior notice.  

 

SHIPPING

 

By ordering goods from GUESS, I hereby authorize United Parcel Service Canada Ltd. chosen by GUESS to act as my agent, and to transact business with the CBSA (Canada Border Services Agency) to clear my merchandise, account for duties and taxes, to return merchandise to GUESS, and prepare and submit refund claims on my behalf for any merchandise that I return.  I understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from GUESS.  In this connection, I also authorize the customs broker to endorse any refund cheque issued by the CBSA in my name, so that GUESS can be reimbursed.

 

Consumers located in the US are not permitted to ship orders to international consignees.

 


Duties, Taxes and Brokerage Fees

 

ALTHOUGH GUESS ORDERS MAY BE RETURNED TO THE GUESS WAREHOUSE LOCATED IN CANADA, ALL ORDERS PLACED ON GUESS.CA ARE SHIPPED FROM ITS WAREHOUSE IN THE UNITED STATES;  YOU WILL BE RESPONSIBLE FOR ALL IMPORT TAXES AND CUSTOMS DUTIES RELATING TO YOUR ORDERS. When you purchase merchandise from GUESS, you will be required to prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, “Import Fees”). We will make commercially reasonable efforts to estimate the amount of Import Fees (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase.

YOU AGREE AND ACKNOWLEDGE THAT (I) THE ACTUAL IMPORT FEES MAY BE MORE OR LESS THAN THE ESTIMATE; (II) YOU (AND NOT US, THE BROKER, THE SHIPPER OR ANY OTHER PARTY) MUST BEAR THE RESPONSIBILITY OF PAYING ALL ACTUAL IMPORT FEES; (III) IN THE CASE THAT ANY ENTITY OTHER THAN YOU MUST PAY SOME OR ALL OF THE ACTUAL IMPORT FEES ON YOUR BEHALF TO EFFECT CUSTOMS CLEARANCE, YOU WILL REIMBURSE (UPON REQUEST) THAT ENTITY IN FULL FOR THE ACTUAL IMPORT FEES PAID ON YOUR BEHALF; (IV) FAILURE BY YOU TO PAY IMPORT TAXES IN A TIMELY MANNER MAY CAUSE DELAYS BEYOND OUR ORIGINAL DELIVERY ESTIMATES.

MOREOVER, IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE MERCHANDISE, REFUSE OR FAIL TO PAY IMPORT FEES, AND/OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING IMPORT FEES: (1) THE COSTS YOU PREPAID GUESS FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO GUESS AND ANY OTHER FEES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES); (3) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES; (4) YOU WILL NOT REQUEST THAT UPS, GUESS OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES PAID; (5) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OF ALL OF THE ACTUAL IMPORT FEES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT GUESS, UPS OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (6) IF UPS (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN ITS SOLE DISCRETION DECIDES TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (7) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (8) ANY PORTION OWED TO US (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE),THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.

Duty (or customs tariffs) is set by the destination country customs authorities and is determined based on a combination of the country of origin or manufacturing of the goods being purchased, and the classification of that merchandise in accordance with a harmonized system adopted and used by the countries that UPS supports. Value Added Tax (VAT) rates are set by the Canada. You will be able to view the guaranteed total amount of applicable duty and tax/VAT for your order within the international checkout.

 The tax rate applied depends on your ship-to destination. Please refer to the following chart to determine the relevant rate for you.

 

 Province

GST

PST

HST

Code Province

 Alberta

5%

-

-

AB

 BC

-

-

12%

BC

 Manitoba

5%

7%

-

MB

 New Brunswick

-

-

13%

NB

 Newfoundland & Labrador

-

-

13%

NL

 Northwest Territories

5%

-

-

NT

 Nova Scotia

-

-

15%

NS

 Nunavut

5%

-

-

NU

 Ontario

-

-

13%

ON

 Prince Edward Island

5%

10%

-

PE

 Quebec

5.375%

7.5%

-

QC

 Saskatchewan

5%

5%

-

SK

 Yukon Territory

5%

-

-

YT

 

Shipping Vendor

 

UPS contracts with suppliers with warehouses located in the U.S., including GUESS.ca, to avail said suppliers’ merchandise to consumers, such as you ("you"), for delivery to addresses outside of the U.S. through the UPS network, and to provide you with an opportunity to purchase such merchandise at a price and in a currency selected by you, inclusive of international shipping costs, brokerage and customs clearance costs, import duty and sales taxes exclusive of any surcharges which may be imposed by the issuing bank of the credit card you use on transactions with companies domiciled in the United States. You acknowledge that GUESS shall be entitled to verify the authenticity and sufficiency of the payment information you provide, and if GUESS is unable to verify the information automatically, GUESS representatives may contact you and/or your tender type issuer to confirm your identity and/or your intent to place the order. GUESS has not accepted an order from you, and makes no commitment of any kind to provide merchandise to you, until GUESS has accepted your order and ships the merchandise that you ordered.  If you are under 18, considered a minor in your local jurisdiction, or the equivalent thereof, you may use this checkout only with involvement of a parent or guardian. GUESS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Title to Goods

All items purchased from GUESS are made pursuant to a shipment contract. After GUESS fulfills an order you have placed, title of said merchandise shall transfer from GUESS to you, in the United States, at the time GUESS ships the merchandise to you from GUESS's facility in the U.S.

 

Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s)

GUESS merchandise available through GUESS.ca is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items purchased from GUESS.ca will not be exported, sold, or transferred in violation of any applicable laws, including, but not limited to, the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury and any applicable Canadian laws or regulations. It is your responsibility to know the laws in the country into which you are importing. By purchasing such items you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported. 

Exchange Rates

No exchange rates will be applied for Canadian transactions.  

 

Return Policy

 

While we take pride in every GUESS product, if you are not satisfied with your purchase we’ll assist you with a prompt return. Original receipts required for all returns/exchanges.  Shipping charges are not refundable. GUESS.ca gladly accepts the return of full-priced merchandise purchased with the original receipt and tags attached for up to 30 days after purchase; sale merchandise (with original receipt and tags attached) may be returned to our Canadian warehouse for a refund. GUESS gladly accepts defective merchandise with original receipts up to 30 days after purchase, certain exceptions may apply.  All swimwear must have sanitary strips and tags attached to be eligible for return. All pierced jewelry, underwear, fragrances, lotions and items marked “final sale” may not be returned or exchanged. Gift cards are final sale and may not be returned or redeemed for cash, except where required by law. Please indicate on the back of your invoice if you wish to have a merchandise return card issued for your gift return; if this is not selected, the refund will be processed back to the original payment method on the order.

 

GUESS merchandise purchased from other retailers, including department stores, must be returned to the store from which it was originally purchased, and is subject to the return policy of the originating retailer.

 

The Return/Exchange label on your invoice is not pre-paid; customer is responsible for all return shipping fees; we are unable to accept COD deliveries. If you have misplaced your Return/Exchange label, please send your pre-paid, insured package to:

 

GUESS CANADA CORPORATION

Att : E-commerce  Return  

8275, 19th  AVENUE

MONTREAL ( QUEBEC) CANADA

H1Z 4K2

 

 

For an Exchange:

Call us toll free at 1-877-44-GUESS (48377) so that we can assist you with your replacement merchandise. 

 

Maximum order value

Maximum order value is US $2,500 for all orders placed in any 30 day period.

 

Payment methods

GUESS.ca accepts VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER. With credit card orders, we will not bill your card until we ship your order. Please be aware that once we receive credit card authorization, the funds will be reserved up to 30 days depending on the bank (please check the policy of your lending institution). Also, if you are paying with a debit card, please verify with your bank if there are limitations pertaining to daily withdrawals on your card. GUESS reserves the right to request additional identification. If this is needed, we will contact you by e-mail or telephone.

 

Order Tracking

Shipments from GUESS.ca are available only in Canada. Each order can be shipped to one address only. Your GUESS.ca tracking number will be included in your shipment confirmation email. If you are registered at GUESS.ca, simply Sign In with your Username and Password and go directly to the Order History section. Follow the link directly to the UPS site and enter your GUESS tracking number.
NOTE: It may take up to 24 hours before your tracking information is available online.

 

Because we pride ourselves in processing your orders quickly and efficiently, once your order has been confirmed, we can no longer cancel or modify your order. Please see our return policy for additional information.

 

Shipping Pricing

 

 Shipping Method  

 When in-stock items will arrive

Price

 UPS GROUND

 3 – 5 business days

$15 CAD

 UPS EXPEDITED

  2 business days

$ 25 CAD

 UPS SAVER

  1 business day

$ 40 CAD