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Terms of Use

Last Updated: October 25, 2025.

PLEASE READ THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS "AGREEMENT") CAREFULLY BEFORE USING THE ARITZIA WEBSITE, OR ARITZIA ARCHIVE SALE SUB-DOMAIN OR THE ARITZIA MOBILE APPLICATION (THE “ARITZIA APP”). These terms of use are a binding contract that governs use of the Services (as defined below), limits liability of Aritzia and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.

Each time you access or use the Services you acknowledge and agree that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the Services.

1. Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and Aritzia LP ("Aritzia") regarding your access to and use of the Services, which includes the Aritzia website located at www.aritzia.com, including its sub-domain archivesale.aritzia.com (collectively, the “Aritzia Website”), the Aritzia App, and all content, functionality, features, information, products, and services available on or through the Aritzia Website or the Aritzia App (collectively, the "Services"). The Services are the property of Aritzia and its licensors.

Each time you access or use the Aritzia Services, you acknowledge and agree that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Services.

These Terms of Use are in addition to any other agreement you may have with Aritzia, including an agreement for your purchase of Aritzia products or services.

2. Changes to these Terms of Use

Aritzia may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Services. The changed Terms of Use are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version. By using the Services after these Terms of Use have been changed, you agree to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

3. Permissible Users

The Services may be used only by natural persons resident in Canada. For natural persons resident in the United States, please visit our United States website, Aritzia and Aritzia Archive Sale. For natural persons resident outside of Canada and the United States, please visit our International website. Please note, there is no international website available for Aritzia Archive Sale and there is no international version of the Aritzia App available at this time.

You may not use the Services if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Services on your behalf.

You may not use the Services if you breach these Terms of Use, if your permission to use the Services has been suspended or terminated by Aritzia, or if these Terms of Use as they apply to you have been terminated.

4. Permissible Use

The Services is made available to you for your lawful, personal or household, non-commercial use only. You may use the Services only for the purposes and in the manner permitted by the Services and subject to these Terms of Use and all applicable laws. Using the Services for any other purpose or in any other manner is strictly prohibited.

The Services and all content contained therein may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Aritzia.

You may print pages of the Aritzia Website or Aritzia App for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by Aritzia in the operation or provision of the Services except while you are using the Services in accordance with these Terms of Use.

5. Other Terms and Conditions

Additional terms and conditions and policies (collectively, the "Other Terms and Conditions") apply to purchases of products and services through the Services and to specific portions, features or services (such as contests and other promotions) of or offered through the Services.

Aritzia may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Services. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version.

The Other Terms and Conditions are incorporated into and form part of these Terms of Use by this reference. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply to the extent necessary to resolve such conflict or inconsistency.

6. Ownership of Services and Content

The Services and all content contained therein (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Services, and the design, structure, selection, arrangement, and look and feel of those items, and the Services as a whole) are owned solely by Aritzia and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Services does not transfer to you any right, title or interest (including any intellectual property rights) in, to or associated with the Services or its content therein.

7. Your Information

You will ensure that all information you provide to Aritzia, through the Services or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Aritzia will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Aritzia or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.

8. Communications

a. By You

You authorize Aritzia to: (a) accept communications it receives from you by means of the Services as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Services, by e-mail or other means of communication.

Communications you send to Aritzia are not effective unless and until they are processed by the responsible Aritzia representative. Aritzia may refuse to process any communications sent to Aritzia, or may reverse the processing of any communications sent to Aritzia, at any time in Aritzia’s discretion, and without any notice or liability to you or any other person, including if Aritzia believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

b. Text Messaging Terms

By providing your phone number to receive texts, you consent to receive from or on behalf of Aritzia marketing and promotional text messages about Aritzia’s products and services and other items of interest sent to the phone number you provided. You may withdraw consent at any time. Message frequency will vary. Message and data rates may apply.

You may discontinue the receipt of these text messages at any time by texting STOP to the short code or telephone number from which text messages are being sent or click the link provided in the text message to manage your preferences. We may send you a text message to confirm that you have been unsubscribed. For additional help, text HELP to the short code or telephone number from which text messages are being sent, or contact Aritzia's Concierge at 1-855-ARITZIA (274-8942) or service@aritzia.com. Aritzia and carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Please see our Privacy Policy.

9. Personal Information Privacy

Aritzia collects personal information and non-personal information from users of the Services. Aritzia's Privacy Policy is available online: www.aritzia.com/privacy-policy. Nothing in the Privacy Policy constitutes an express or implied representation, warranty, covenant or other contractual obligation of Aritzia and you hereby waive any right to make such a claim against Aritzia. This Agreement, including, in particular, sections 17 and 21, applies to all processing of your personal information by Aritzia.

10. Misprints and Errors, Product Availability and Prices

Aritzia endeavours to provide current and accurate information on the Services, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Aritzia cannot guarantee that products and services advertised on the Services will be available when ordered or thereafter, and does not warrant that the content of the Services (including product descriptions, photographs, and colours) is accurate or complete. Please note that your monitor or mobile device might not accurately display product colours.

Aritzia reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Services, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other content without any notice or liability to you or any other person; (c) cancel, terminate or not process or otherwise refuse any order you place (including accepted orders) where the price or other material information on the Services is inaccurate; and (d) limit quantities available for sale or sold. All prices and other amounts appearing on the Services are quoted in Canadian dollars.

11. Intellectual Property

ARITZIA, TEN ARITZIA, GOLDEN ARITZIA, TNA, BABATON, WILFRED, WILFRED FREE, LITTLE MOON, DENIM FORUM, SUNDAY BEST, THE SUPER PUFF and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Aritzia and its affiliates. Other product and company names and logos appearing on the Services may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks, trade names, logos or other commercial symbols displayed on the Services is strictly prohibited, and nothing appearing on the Services will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks, trade names, logos or other commercial symbols.

The Services may incorporate copyrighted materials, including open-source software, to make the Services functional to you. In such cases, the relevant copyright holder continues to own and control how such software is further distributed. If you would like a complete list of any applicable open-source software, you may contact Aritzia.

12. Accounts and Codes

To access and use certain features and services of the Services you must have a valid Services account and use a valid user name and password (collectively "Codes") accepted by Aritzia. Accounts and Codes are personal, and may not be shared.

You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify Aritzia's Concierge by telephone 1-855-ARITZIA (274-8942) or e-mail to service@aritzia.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. Aritzia will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Aritzia is not under any obligation to verify the actual identity or authority of any person using your account or Codes. Aritzia may act upon any communication that is given through your account or by using your Codes.

Codes do not restrict access by Aritzia to password-protected information. Codes may not prevent unauthorized access to data or other information. Aritzia may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.

Aritzia may in its discretion at any time require proof of the identity of any person seeking to access and use the Services, and may deny access to and use of the Services or parts of it or refuse to accept or act upon any communication if Aritzia is not satisfied with the proof.

13. Feedback/Submissions

You agree that you will not submit to Aritzia any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Aritzia (collectively "Submissions") are deemed to be non-confidential, you automatically grant to Aritzia and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically irrevocably waive in favour of Aritzia and its successors, assigns, and licensees any and all author’s and moral rights in and to the Submissions.

14. Linked Sites

For your convenience, the Services may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from Aritzia, and Aritzia does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against Aritzia arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

15. Prohibited Activities

Deep links to the Services without the express written permission of Aritzia are strictly prohibited. Aritzia may in its discretion cancel and revoke any permission it may give to link to the Services at any time and without any notice or liability.

Framing, mirroring, scraping or data-mining the Services or any content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Services or to post comments, communications or any other data of any kind to or on the Services with the intention that the posting may be viewed by other users of the Services.

You may not attempt to circumvent the ordinary navigational structure or presentation of the Services or content, or attempt to access or obtain any content contained therein or other data by any means that is not purposely made available to you by the Services.

You may not attempt to gain unauthorized access to any part of the Services or any content contained therein, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Services or attempt to interfere with the proper working of the Services, any transaction being conducted through the Services, or any other person's use of the Services.

You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services. You shall not access the Services in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement (as amended from time to time).

16. Disclaimers

THE SERVICES, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ARITZIA TO THE FULLEST EXTENT PERMITTED BY LAW. FOR CONSUMERS RESIDING IN THE PROVINCE OF QUEBEC, NOTWITHSTANDING THE FOREGOING, GOODS FORMING THE OBJECT OF A CONTRACT SHALL BE FIT FOR THE PURPOSES FOR WHICH THE GOODS OF THAT KIND ARE ORDINARILY USED AND SHALL BE DURABLE IN NORMAL USE FOR A REASONABLE LENGTH OF TIME, HAVING REGARD TO THEIR PRICE, THE TERMS OF THE CONTRACT AND THE CONDITIONS OF THEIR USE. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARITZIA DOES NOT PROMISE THAT THE SERVICES, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE SERVICES, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE SERVICES, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE SERVICES.

17. Liability Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ARITZIA GROUP (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE ARITZIA GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ARITZIA GROUP'S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY ARITZIA OR ANY PERSON FOR WHOM ARITZIA IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR ARITZIA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER RESIDING IN A PROVINCE WHERE SUCH DISCLAIMERS AND LIABILITY EXCLUSIONS ARE PROHIBITED OR RESTRICTED, INCLUDING IN THE PROVINCE OF ONTARIO AND QUEBEC, THE FOREGOING LIABILITY EXCLUSION AND LIMITATION DOES NOT LIBERATE ARITZIA GROUP FROM THE CONSEQUENCES OF ITS OWN ACTS OR THOSE OF ITS REPRESENTATIVES.

18. Indemnity

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS ARITZIA GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND LEGAL FEES AND EXPENSES (COLLECTIVELY, "CLAIMS/PROCEEDINGS/LIABILITIES") DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE SERVICES OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF ARITZIA GROUP, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF ARITZIA GROUP, WITHOUT ARITZIA'S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN ARITZIA'S DISCRETION. NOTWITHSTANDING THE FOREGOING, ARITZIA GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

IN THESE TERMS OF USE, "ARITZIA GROUP" MEANS ARITZIA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

19. Changes/Termination

Notwithstanding any other provision of these Terms of Use, Aritzia may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Services or any of its content at any time without any notice or liability to you or any other person.

Aritzia may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Services without any notice or liability to you or any other person. If you are a consumer residing in the province of Quebec, you will be provided with notice of the grounds for which your permission to access and use the Services has been suspended or terminated.

These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Services and giving written notice of termination to Aritzia's Concierge. Aritzia may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Services. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. Sections 6, 7, 8, 9, 11, 13, 15, 16, 17, 18, 20, 21 and 22 of these Terms of Use will survive termination and continue to apply and be binding upon you and Aritzia.

20. Governing Law

Except where prohibited by law, these Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada or, for consumers residing in the Province of Quebec, the laws of the Province of Quebec, Canada and, in either case, applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

21. Dispute Resolution

IF YOU ARE A RESIDENT OF BRITISH COLUMBIA, ONTARIO, QUEBEC AND NEW BRUNSWICK 21(A) AND (E) DOES NOT FORM PART OF THESE TERMS OF USE AND ARE NOT APPLICABLE TO YOU.

(a) Arbitration: Except as expressly set forth in this section 21 and subject to section 21(c) and applicable law, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Services or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the ADR Institute of Canada (the “ADRIC”) in accordance with its rules and these Terms of Use. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be conducted in, and the seat of the arbitration will be, the province in which you reside and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the ADRIC Expedited/Simplified Arbitration Procedure and, unless you and Aritzia expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and Aritzia; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).

(b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in section 21(a), then subject to section 21(c) and applicable law, the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver (unless you are a consumer residing in a province that restricts or prohibits the application of this provision, which includes the province of Quebec, in which case the Dispute will be resolved before the competent courts of your place of residence to the extent required under appliable law), and you and Aritzia each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that Aritzia may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use. If, and to the extent, a dispute is not subject to arbitration as set forth in Section 21(a) and subject to Section 21(c), and the amount in dispute is less than $35,000 (exclusive of interest and costs), the dispute will be resolved before the Provincial Court of British Columbia (Small Claims Division) (unless you are a consumer residing in a province that restricts or prohibits the application of this provision, which includes the province of Quebec, in which case the Dispute will be resolved before competent jurisdiction courts of your place of residence to the extent required under appliable law), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all such disputes, except that Aritzia may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.

(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you must give notice of the Dispute to Aritzia's Concierge representatives at service@aritzia.com or 1-855-ARITZIA (274-8942) and allow Aritzia at least 30 days to investigate and attempt to resolve the Dispute; and (ii) upon request by Aritzia during the 30 day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.

(d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under section 21(a): (i) you or Aritzia may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Aritzia each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Aritzia may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.

(e) NO JURY OR CLASS PROCEEDINGS: YOU AND ARITZIA EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR, SUBJECT TO APPLICABLE LAW, TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR ARITZIA IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC), AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU AND WILL NOT APPLY TO YOU IF YOU ARE A CONSUMER RESIDING IN A PROVINCE THAT RESTRICTS OR PROHIBITS THE APPLICATION OF THIS PROVISION, INCLUDING IN THE PROVINCE OF BRITISH COLUMBIA, ONTARIO, QUEBEC AND NEW BRUNSWICK.

22. Other Matters

You and Aritzia are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Aritzia. Upon request by Aritzia, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by Aritzia to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Aritzia or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Aritzia’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Aritzia may be lawfully entitled under these Terms of Use or at law, and Aritzia will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and Aritzia and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without Aritzia’s express prior written consent, which consent may be withheld in Aritzia’s discretion. Aritzia may, without your consent, assign these Terms of Use or any of Aritzia’s rights, duties, or obligations under these Terms of Use.

These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and Aritzia regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Aritzia regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.

The French version of these Terms of Use and the Other Terms and Conditions are available in French and can be consulted by changing the language setting at the bottom of the Aritzia Website. La version française de ce Contrat et des autres conditions et modalités sont disponibles et peuvent être consultées en changeant le paramètre de langue qui se retrouve dans la partie inférieure du site Web.

All rights not expressly granted by these Terms of Use are reserved by Aritzia.

If you have any questions or comments regarding these Terms of Use, please contact Aritzia's Concierge by mail, facsimile, telephone, or e-mail at: Aritzia - Concierge, #118 - 611 Alexander Street, Vancouver, British Columbia, Canada V6A 1E1, facsimile no.: 604-251-6575, telephone no.: 1-855-ARITZIA (274-8942), e-mail: service@aritzia.com.