DR. MARTENS –TERMS AND CONDITIONS
Terms and Conditions
These Terms and Conditions set out the basis on which you can visit and use our Website. Please read them carefully as they contain important information.
Last updated: October 13, 2023
Welcome to www.drmartens.com/ca. This website ("Site") is owned and operated by and on behalf of Dr. Martens AirWair Canada Inc., an Ontario corporation, 221-451 Dundas St. W., Toronto, ON, M5T 1G8 Canada, Toronto Ontario M6B 1P8, and its third-party licensors and its affiliates ("Dr. Martens", “we,” “us,” or “our”). By visiting or shopping at www.drmartens.com/ca you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time by posting a revised version or providing notice to you, where required by applicable law. Please check these Terms and Conditions periodically. EACH TIME YOU VISIT THE SITE, INCLUDING BY USING THE SITE AFTER WE POST CHANGES TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, WHETHER OR NOT YOU HAVE ACTUALLY REVIEWED THEM.
Dr. Martens reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
If something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we’ll refund any payment you have already remitted to us for such transaction.
Promotion codes are not valid on Sale & Clearance. One-time use only. To use your promotion code, enter the specific code at checkout where it asks "Have a promo code?" Please note, promotion codes cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific and may only be redeemed against payment made in the correct currency on the specified Site. There is no cash alternative. Promotion codes and related offers are not open to employees of Dr. Martens and we reserve the right to withdraw them and refuse or restrict any order at any time. Shop our eligible products here.
The following products are excluded from all promotional codes:
Dr. Martens provides limited price protection for items purchased on our Site as follows:
EXCLUSIONS TO PRICE GUARANTEE:
The price protection guarantee does not apply to any temporary product sales or discount promotions, such as holiday promotional periods in November-December.
If any items purchased from drmartens.com go on sale on our Site within two (2) weeks of your original purchase, we will credit you the difference. All you need to do is contact us within two weeks of the price change. When you contact us please note (1) the style number of the product that is on sale, (2) your order's invoice number. This offer applies only to items purchased through www.drmartens.com/ca.
Dr. Martens reserves the right to change prices for products displayed on the Site at any time. Despite our best efforts, a small number of the items on our Site may be mispriced. If the correct price of an item sold by Dr. Martens is higher than the price shown on the Site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is canceled, we will issue a credit to your payment account in the amount of the charge.
Free shipping is valid on orders of $75CAD or more shipped to a single residential address in Canada (excluding Nunavut, Yukon and the Northwest Territories), after promotions and discounts are applied. Gift cards, packaging, and taxes do not qualify toward the minimum purchase requirement. Eligible customers must select this option during checkout in order to receive free shipping. Offer is subject to change without notice.
To initiate a return, visit our Support Center here.
We offer a limited warranty against defects in manufacturing and materials as set forth here.
For Life Guarantee Terms and Conditions
From March 31st 2018, the For Life range has been discontinued. Dr. Martens will continue to honor all existing For Life guarantees on purchases made before March 31st 2018, and registered within 60 days of purchase. For full details, please see the original warranty provided at the time of purchase.
The For Life guarantee applies only to the For Life boots and shoes with the words "Guaranteed For Life" on the sole that were purchased and registered prior to the dates above.
The guarantee covers the failure of any component, such as upper leather, stitched seams, eyelets, soles, welts, linings and reinforcements which has been subjected to normal wear and tear from non-industrial use and not unreasonably abused.
The guarantee will be active from the day on which the original owner activates his/her guarantee, to the end of that person's natural life.
We reserve the right to determine whether to repair or replace the footwear. If we deem a replacement necessary, discontinued or unavailable models will be replaced with a comparable model (excluding Made in England).
A $35 fee may be required per claim to cover handling, administration, return postage and packing.
The guarantee is subject to applicable local and is in addition to the owner's statutory rights under any applicable legal warranties.
All content of this Site, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs (“Content”) are the intellectual property of Dr. Martens, its affiliates, or third parties who have licensed the materials to us. All Content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries. This Site in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the Content, is protected by all copyright and applicable trade dress laws. All worldwide right, title, and interest is reserved.
This Site and its Content are intended solely for your personal, noncommercial use in order to view and purchase merchandise and participate in the programs that we offer (the "Permitted Use") and subject to these Terms and Conditions, you may use this Site only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the Content of the Site, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on the Site for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this Site is the property of Dr. Martens, and is protected by Canadian and international copyright laws.
Dr. Martens, its affiliates and licensors are the owners of all trademarks used on the Website, including but not limited to the following: DR. MARTENS, AIRWAIR, the DR. MARTENS AIRWAIR logo, RESISTANCE RECTANGLE, YELLOW STITCHING mark, YELLOW STITCHING AND TWO TONE GROOVED SOLE EDGE mark, TWO TONE GROOVED SOLE EDGE mark, DMS sole design, DR. MARTENS AIRWAIR WITH BOUNCING SOLES Design, DM'S, DR. MARTENS AIR CUSHION SOLE cross logo, DR. MARTENS DR. MARTENS cross logo, DOC'S, DOC MARTENS, GETTA GRIP and FREEDM. Our trademarks may not be used by you without our express written permission.
Nothing contained in or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of Dr. Martens has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way howsoever is strictly prohibited. Dr. Martens operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.
All other trademarks not owned by Dr. Martens that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dr. Martens and use of this Site grants you no right to such materials.
You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from Dr. Martens on this Site and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Edge). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dr. Martens without our express prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express prior written consent.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Dr. Martens will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
If you are a copyright owner, or an agent of a copyright owner, and believe that a User Submission or other Content displayed on this Site infringes your copyright, you may submit a notice to the applicable Internet Service Provider (ISP), in the manner required by the Copyright Act, RSC 1985, c C-42. Dr. Martens is not an ISP or other internet intermediary.
Most Dr. Martens products displayed at the Site are available in Dr. Martens stores in Canada. In some cases, merchandise displayed for sale at the Site may not be available in Dr. Martens stores. The prices displayed at the Site are quoted in Canadian Dollars and are valid and effective only in Canada.
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you have authorized such activities or actions. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You will immediately notify us of any unauthorized use of your account on any of our Site. Dr. Martens reserves the right to refuse service, terminate accounts, remove or edit User Submissions or other Site Content, or cancel orders in our sole discretion.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We are not responsible for the content of any sites that may be linked to or from www.drmartens.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Dr. Martens, and Dr. Martens has no control over the content of that other website. In addition, a link to any other website does not imply that Dr. Martens endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Dr. Martens of that third party or of any product or service provided by a third party.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Dr. Martens or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dr. Martens logo or other proprietary graphic or trademark as part of the link without our prior express written permission.
Disclaimers of Warranty
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC AND SASKATCHEWAN, MAY NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DR. MARTENS, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER DR. MARTENS, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. DR. MARTENS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OR PERFORMANCE OR USAGE OR TRADE. CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DR. MARTENS OR ANY OF ITS ASSOCIATES SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.
Limitations of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, MAY NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES SHALL DR. MARTENS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DR. MARTENS RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DR. MARTENS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF DR. MARTENS AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DR. MARTENS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY DR. MARTENS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
PRICES, DESCRIPTIONS AND AVAILABILITY OF PRODUCTS ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. ERRORS WILL BE CORRECTED WHEN DISCOVERED, AND WE RESERVE THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT CARD CHARGED).
You agree to use this Site only for lawful purposes. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Dr. Martens may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Dr. Martens; or (iii) to protect the rights or property of Dr. Martens, its Associates and you.
Dr. Martens reserves the right to prohibit conduct, communication, or Content that Dr. Martens deems in its sole discretion to be unlawful or harmful to you, Dr. Martens, any rights of Dr. Martens, or any third party. Notwithstanding the foregoing, neither Dr. Martens nor its Associates can ensure prompt removal of questionable User submissions or other Content after online posting. Accordingly, neither Dr. Martens, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Dr. Martens or its Associates.
Usage by Children Under the Age of Majority
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under the age of majority to decide which materials are appropriate for such children to view and/or purchase. If you are under the age of majority in your province of residence, you may use this Site only with involvement of a parent or guardian.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dr. Martens, including its officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers and employees, from and against any and all claims, liabilities, damages (actual and statutory), judgments, awards, losses, penalties, fines, costs, fees (including reasonable legal and accounting fees), actions, demands and expenses, including legal fees, arising from or related to (a) your use of the Site, (b) your tender of User Submissions, and (c) your warranties, representations or agreements contained in these Terms and Conditions.
Canada Sales Only
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Dr. Martens products and services available in Canada.
By visiting and using the Site, you agree that the laws of the province of Ontario, without regard to principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Dr. Martens and its Associates, except to the extent Canadian federal or provincial law, such as Quebec’s Consumer Protection Act, provides otherwise.
We do not represent or warrant that any of our Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access our Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Unless an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitrate, any dispute or claim (“Disputes”) relating in any way to your agreement to these Terms or any breach thereof, including any question regarding their existence, validity, or termination, your visit to the Site or to products you purchase through the Site shall be submitted to mandatory, binding, confidential arbitration under the ADRIC Arbitration Rules of the ADR Institute of Canada. The following provisions shall govern any arbitration hereunder:
(a) The legal seat of arbitration shall be Toronto, Ontario.
(b) There shall be one arbitrator agreed to by you and Dr. Martens (the “Parties”) within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the ADR Institute of Canada in accordance with its ADRIC Arbitration Rules.
(c) The language of the arbitration, including the hearings, documentation, and award, shall be English, except for Disputes from Quebec.
(d) The Parties shall equally share the fees of the arbitrator and the facility fees.
(e) The Parties shall each bear their own legal costs and expenses of the arbitration.
(f) Any decision of the arbitrator shall be final and binding on the Parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.
(g) The governing law of the arbitration shall be Ontario, Canada.
(h) The arbitration procedures, hearings, documents and award shall remain strictly confidential between the parties.
Dr. Martens' failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
Site Policies, Modification and Severability
Contact Dr. Martens AirWair Canada Inc.:
221-451 Dundas St. W., Toronto, ON, M5T 1G8 Canada, Toronto Ontario M6B 1P8