Terms of service
Terms of Service
Last updated: May 21, 2026
§1 — Scope of Application and Contracting Party
These Terms of Service ("Terms") govern the contractual relationship between you ("Customer" or "you") and Martlaz Limited (trading as Darian Fits), a company registered in the United Kingdom under company number 16614951, with its registered office at 32 Albert Road, Mitcham, London, Greater London, CR4 4AH, United Kingdom.
These Terms apply exclusively to consumers. A "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Our online store is directed solely at residents of Canada. By placing an order, you confirm that your delivery address is located in Canada and that you meet the minimum age requirement to enter into binding contracts under the laws of your province or territory of residence.
By accessing our website and placing an order, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use our Services or place any orders.
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§2 — Formation of Contract
2.1 Product Listings
The presentation of products on our website does not constitute a binding offer to sell. Product listings serve as an invitation for you to submit a purchase order.
2.2 Order Submission
When you proceed through the checkout process and click the "Complete Order" button (or equivalent final checkout button), you submit a legally binding offer to purchase the products in your cart at the prices displayed, including all applicable taxes.
2.3 Order Confirmation
A binding contract is formed only upon our acceptance of your order, which is communicated by sending you an order confirmation email to the email address you provided during checkout. The order confirmation will include your order number, product details, total price, and delivery address.
2.4 Right to Reject Orders
We reserve the right to reject any order at our sole discretion, including but not limited to cases of:
- Product unavailability or insufficient stock
- Pricing or product description errors
- Suspected fraudulent activity or payment issues
- Delivery address restrictions
If we reject your order after payment has been processed, we will issue a full refund to your original payment method within 5–7 business days. You will be notified by email.
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§3 — Prices and Taxes
3.1 Currency and Tax Inclusion
All prices displayed on our website are stated in Canadian Dollars (CAD) and include all applicable Canadian taxes (GST/HST/PST as required by your delivery province or territory).
The price you see on the product page and at checkout is the final price you will pay. No additional taxes, customs duties, or import fees will be charged upon delivery to addresses in Canada.
3.2 Price Changes
Prices are subject to change without prior notice. The price applicable to your order is the price displayed at the time you complete checkout and receive order confirmation.
3.3 No Hidden Fees
We do not charge any payment processing surcharges or hidden fees. The total amount shown at checkout is the total amount you will be charged.
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§4 — Payment
4.1 Payment Due Date
Payment is due immediately upon order submission. Orders will not be processed or dispatched until payment has been successfully received and verified.
4.2 Accepted Payment Methods
We accept the following payment methods:
- Credit and debit cards (Visa, Mastercard, American Express, Diners Club, Discover, Maestro, UnionPay)
- Apple Pay
- Google Pay
All payment processing is handled securely through certified third-party payment processors. We do not store your full payment card details on our servers.
4.3 Payment Security
By providing payment information, you confirm that:
- You are authorized to use the selected payment method
- All payment details provided are accurate and complete
- Sufficient funds or credit are available to complete the transaction
If payment authorization fails, your order will not be processed. We will notify you by email and you may attempt to resubmit payment or use an alternative payment method.
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§5 — Delivery
5.1 Delivery Area
We deliver exclusively to addresses located in Canada. We deliver to P.O. boxes across Canada. We do not ship to military addresses (APO/FPO) or freight forwarding services.
5.2 Delivery Timeline
Orders are processed and dispatched within 0–2 business days from the date of order confirmation. Transit time via Canada Post is 7–9 business days after dispatch.
Total delivery time from order placement to receipt: 7–11 business days.
5.3 Order Cutoff Time
Orders placed before 12:00 PM (Atlantic Time, GMT -4) on business days (Monday to Friday, excluding Canadian statutory holidays) are processed the same business day. Orders placed after this cutoff time or on weekends/holidays are processed on the next business day.
5.4 Shipping Cost
Shipping is free for all orders to Canada. No shipping fees will be charged at checkout or upon delivery.
5.5 Delivery Completion and Risk Transfer
Delivery is considered complete when the carrier delivers the package to the delivery address you provided. Under Canadian consumer protection law, the seller bears the risk of loss or damage to goods until they are delivered to you.
If you are not present to receive the package, the carrier will follow its standard redelivery or depot collection procedures. You are responsible for retrieving packages from carrier depots if delivery attempts are unsuccessful.
5.6 Delivery Delays
Delivery times are estimates and are not guaranteed. Delays may occur due to factors beyond our control, including but not limited to:
- Carrier delays or logistical disruptions
- Extreme weather conditions
- Incorrect or incomplete delivery address provided by you
- Peak season volume
We are not liable for delays caused by third parties or force majeure events. If a significant delay occurs, we will make reasonable efforts to inform you and provide updated delivery information.
5.7 No Customs or Import Fees
All applicable Canadian taxes are included in the price you pay at checkout. No customs duties, import taxes, or handling fees will be charged upon delivery.
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§6 — Right of Withdrawal (Statutory)
6.1 Withdrawal Period
As a consumer purchasing goods online, you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with applicable Canadian consumer protection laws.
The withdrawal period begins on the day you (or a third party designated by you, other than the carrier) take physical possession of the goods.
6.2 How to Exercise Your Right of Withdrawal
To exercise your right of withdrawal, you must inform us of your decision by sending a clear written statement to:
Email: info@darianfits.com
Phone: +14313409042
Postal Address: 7 Cypress Crescent, Thompson, MB R8N 0P6, Canada Please note: written notice of withdrawal may also be sent by email to info@darianfits.com. The goods must be returned separately to the same Canadian address above.
You may use any unambiguous statement expressing your intention to withdraw. You do not need to provide a reason.
6.3 Return of Goods
If you withdraw from the contract, you must return the goods to our Canadian return facility:
7 Cypress Crescent, Thompson, MB R8N 0P6, Canada
Goods must be returned without undue delay and no later than 14 days from the date you notify us of your withdrawal.
You are responsible for the cost of returning the goods unless the goods are defective or were sent in error, in which case we will cover return shipping costs.
6.4 Condition of Returned Goods
You may examine the goods to determine their nature, characteristics, and functionality, as you would when inspecting a product in a physical store. You are not required to return goods in their original packaging as a condition of exercising your statutory withdrawal right.
You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functionality.
6.5 Refund Processing
If you validly withdraw from the contract, we will refund all payments received from you, including the original delivery cost (if any), using the same payment method you used for the original transaction.
We will process your refund within 14 days of receiving the returned goods or proof of return shipment, whichever occurs first. We may withhold the refund until one of these conditions is met.
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§7 — Voluntary Return Policy (Extended)
7.1 Extended Return Window
In addition to your statutory 14-day right of withdrawal, we offer a voluntary extended return window of up to 30 days from the date you receive the goods.
This voluntary policy is a commercial gesture and does not affect your statutory rights under Section 6.
7.2 Conditions for Voluntary Returns
To qualify for a voluntary return under this extended policy:
- Goods must be unused and in their original packaging with all accessories, labels, and tags intact
- You must notify us of your intention to return within 30 days of receipt
- You must return the goods within 14 days of notifying us
- You must contact us at info@darianfits.com before returning any item to obtain return authorization
7.3 Return Shipping Responsibility
For voluntary returns (beyond the statutory 14-day period), you are responsible for the cost of return shipping. We recommend using a tracked shipping service, as we cannot be held responsible for lost or damaged return shipments.
If goods are defective or were sent in error, return shipping costs will be covered by us regardless of the return window.
7.4 Refund Method
Refunds for voluntary returns will be issued using the original payment method you used when placing the order.
Refunds will be processed within 7 business days after we receive and inspect the returned goods.
7.5 Return Address
All returns (statutory and voluntary) must be sent to:
7 Cypress Crescent, Thompson, MB R8N 0P6, Canada
Please contact us at info@darianfits.com before returning goods to obtain return authorization and instructions.
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§8 — Retention of Title
Goods remain the property of Martlaz Limited (trading as Darian Fits) until full payment of the purchase price has been received.
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§9 — Warranty and Defects
9.1 Statutory Warranty Rights
You are entitled to statutory warranty rights for defects in goods under Canadian consumer protection laws and the common law of your province or territory.
If goods are defective at the time of delivery, you may be entitled to repair, replacement, price reduction, or rescission of the contract, depending on the nature and severity of the defect and the applicable law.
9.2 Warranty Period
Statutory warranty rights apply for the period required under the applicable Sale of Goods Act of your province or territory, or in Quebec, under articles 1726–1731 of the Civil Code of Quebec, based on the reasonable expected durability of the product. No fixed numerical period applies uniformly across Canada.
9.3 Notification of Defects
If you discover a defect, please notify us as soon as possible by email (info@darianfits.com) or phone (+14313409042) and provide:
- Your order number
- Description of the defect
- Photographs of the defect (if applicable)
We will provide instructions for return or remedy.
9.4 Exclusions
Warranty rights do not apply to defects resulting from:
- Normal wear and tear
- Improper use, storage, or maintenance
- Damage caused after delivery
- Unauthorized modifications or repairs
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§10 — Limitation of Liability
10.1 Unlimited Liability
We are liable without limitation for damages resulting from:
- Injury to life, body, or health caused by us, our legal representatives, or our agents
- Intentional misconduct or gross negligence by us, our legal representatives, or our agents
10.2 Limited Liability for Breach of Essential Obligations
For damages caused by slight negligence in breach of essential contractual obligations, our liability is limited to the foreseeable, typically occurring damage.
Essential obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance you may reasonably rely.
10.3 Excluded Liability
We are not liable for damages resulting from slight negligence in cases not covered by Sections 10.1 or 10.2 above.
10.4 Force Majeure
We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, or failure of third-party service providers (including carriers and payment processors).
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§11 — Site Monitoring and Data Privacy
We use third-party analytics services, including Microsoft Clarity and Google Analytics, to help ensure website security, prevent fraudulent activities, and optimize our store's performance. These services are activated only after you provide explicit consent through our cookie banner. You may manage or withdraw your consent at any time via our cookie preference settings. All data tracking is managed in compliance with Canadian privacy regulations (PIPEDA and Quebec Law 25). For complete details, please refer to our Privacy Policy.
For complete details on how we process your personal data, please refer to our Privacy Policy.
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§12 — Dispute Resolution
12.1 Direct Contact
If you have any complaints or disputes, we encourage you to contact us directly:
Email: info@darianfits.com
Phone: +14313409042
Hours: 9:00 AM – 5:00 PM (Atlantic Time, GMT -4), Monday to Friday
We will make every effort to resolve your concerns promptly and fairly.
12.2 Consumer Protection Authorities
If we are unable to resolve a dispute directly, you may contact the consumer protection authority of your province or territory in Canada, or the Office of Consumer Affairs (Innovation, Science and Economic Development Canada) at https://ised-isde.canada.ca.
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§13 — Governing Law and Jurisdiction
13.1 Governing Law
These Terms of Service are governed by the laws of the province or territory in which you reside in Canada, including applicable federal laws of Canada. Nothing in these Terms limits or excludes any rights you have under mandatory consumer protection legislation applicable in your province or territory, including the laws of Quebec.
Where Canadian consumer protection law grants you rights that are more favorable than those provided under United Kingdom law, those Canadian rights take precedence and remain fully enforceable.
13.2 Jurisdiction
Any disputes arising from or in connection with these Terms or contracts formed under them may be brought before the competent courts of the United Kingdom or, at your option as a consumer, before the competent courts of your place of residence in Canada, to the extent permitted by applicable law.
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§14 — Intellectual Property
14.1 Ownership
All content on our website, including but not limited to text, graphics, logos, images, product descriptions, software, and design, is the property of Martlaz Limited (trading as Darian Fits) or our licensors and is protected by Canadian, United Kingdom, and international intellectual property laws.
14.2 Limited License
You are granted a limited, non-exclusive, non-transferable license to access and use our website and its content for personal, non-commercial purposes only.
14.3 Prohibited Uses
You may not:
- Reproduce, distribute, modify, or create derivative works from any content on our website without prior written permission
- Use any content for commercial purposes without authorization
- Remove or alter any copyright, trademark, or other proprietary notices
- Use automated systems (bots, scrapers) to access or collect data from our website
Unauthorized use may result in termination of access and legal action.
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§15 — Prohibited Conduct
You agree not to use our website or Services for any unlawful purpose or in any way that violates these Terms, including but not limited to:
- Submitting false, inaccurate, or misleading information
- Impersonating any person or entity
- Engaging in fraudulent activity or payment disputes without legitimate basis
- Transmitting viruses, malware, or other malicious code
- Interfering with the operation or security of our website
- Infringing the intellectual property or other rights of Martlaz Limited or third parties
- Violating any applicable laws or regulations of Canada or the United Kingdom
We reserve the right to suspend or terminate your access to our Services immediately and without notice if you engage in prohibited conduct.
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§16 — Termination of Access
We may suspend, restrict, or terminate your access to our website and Services at any time, with or without notice, if:
- You breach any provision of these Terms
- We suspect fraudulent or unlawful activity
- We discontinue offering the Services
- Required by law or regulatory authority
Termination does not affect any rights or obligations that have already accrued, including outstanding orders, payment obligations, or warranty claims.
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§17 — Privacy and Data Protection
17.1 Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information under PIPEDA and Quebec Law 25.
By using our Services, you consent to the collection and processing of your personal information as described in the Privacy Policy.
17.2 Third-Party Processors
We use third-party service providers to operate our website and process orders, including hosting providers, payment processors, analytics services (Microsoft Clarity, Google Analytics), and shipping carriers. These providers may have access to your personal information solely for the purpose of performing services on our behalf.
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§18 — Third-Party Links and Services
Our website may contain links to third-party websites, services, or resources. These links are provided for your convenience only.
We do not control, endorse, or assume responsibility for the content, policies, or practices of any third-party websites or services. Access to and use of third-party websites is at your own risk.
We recommend reviewing the terms of service and privacy policies of any third-party websites you visit.
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§19 — Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time without prior notice.
Any changes will be effective immediately upon posting the updated Terms on our website with a revised "Last Updated" date.
Your continued use of our Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of our Services.
We recommend reviewing these Terms periodically to stay informed of any changes.
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§20 — Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.
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§21 — Assignment
We may assign, transfer, or delegate our rights and obligations under these Terms to any third party at our sole discretion, including in connection with a merger, acquisition, reorganization, or sale of assets.
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void.
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§22 — Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return and Refund Policy, constitute the entire agreement between you and Martlaz Limited (trading as Darian Fits) regarding your use of our Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
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§23 — Waiver
Our failure to enforce any provision of these Terms or to exercise any right or remedy available under these Terms does not constitute a waiver of such provision, right, or remedy.
No waiver by us of any breach of these Terms shall be deemed a waiver of any subsequent breach.
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§24 — Contact Information
If you have any questions, concerns, or complaints regarding these Terms or our Services, please contact us:
Company Name: Martlaz Limited (trading as Darian Fits)
Registered Address: 32 Albert Road, Mitcham, London, Greater London, CR4 4AH, United Kingdom.
Return Facility: 7 Cypress Crescent, Thompson, MB R8N 0P6, Canada
Company Number: 16614951
Email: info@darianfits.com
Phone: +14313409042
Customer Service Hours: 9:00 AM – 5:00 PM (Atlantic Time, GMT -4), Monday to Friday
We aim to respond to all inquiries within 24–48 hours during business days.