Terms of Sale

These Terms of Sale (“Terms”) govern purchases from Aidan McQuay, doing business as Don Yoku (“Don Yoku,” “we,” “us,” or “our”), made through donyoku.ca or through the Stripe-hosted checkout we use.

Please read them before placing an order. By placing an order you agree to be bound by them.

Nothing in these Terms excludes, restricts, or waives any right, remedy, guarantee, condition, or warranty that applicable law does not permit us to exclude, restrict, or waive. That principle applies to every section below, and section 24 explains what it means in practice. Where a mandatory consumer right conflicts with anything written here, the mandatory right wins.

1. WHO YOU ARE BUYING FROM

2. FINAL SALE

Except where applicable law gives you a right to cancel, return, or obtain a refund, all Don Yoku sales are final.

We do not offer refunds, exchanges, or store credit because you changed your mind, and we do not adjust the price of a completed order because an item later goes on sale.

Made-to-order garments are cut and sewn for one person and cannot ordinarily be cancelled, returned, or exchanged at all, because they have little or no resale value to anyone else.

This does not affect your rights if something is wrong with your order. Faulty, unsafe, incorrect, materially misdescribed, or undelivered goods are covered by section 14, and by the law described in section 24.

3. WHAT WE SELL

Ready-made products are garments or other items already made and offered for sale. They are often one-of-one or made in very small numbers.

Made-to-order products — also called commissions or custom products — are garments cut, produced, or configured to an individual customer’s selections and specifications. That may include measurements, cut, denim, rise, pockets, stitching, thread colour, hardware, initials, decorative details, notes, and reference images.

4. PLACING AN ORDER

Placing an order is an offer to buy. The order is accepted when we confirm it or begin fulfilling it, not by the payment screen alone.

Check your order before you pay. The configurator’s review step and the checkout summary exist so you can correct mistakes before entering the transaction. Verify the product, cut, denim, measurements, customization, any initials or personalized text, the quantity, your shipping address, and your contact details.

If you spot an error after paying, email support@donyoku.ca as soon as possible. We will try to accommodate corrections, but we cannot promise an order can be changed once work has begun. Section 9 covers changes and cancellations.

We may refuse or cancel an order where payment fails, a ready-made item has already sold, required materials are unavailable, the order cannot reasonably be produced, we reasonably suspect fraud or unauthorized payment use, there is an obvious pricing or technical error, or the order asks for something unlawful. If we cancel a paid order in those circumstances, we refund what you paid for the affected item unless the law makes you responsible for the loss.

An obvious technical, typographical, availability, or pricing error does not oblige us to supply a product on materially wrong terms where the law permits us to correct it.

5. YOUR ORDER RECORD

After payment, Stripe emails you a receipt confirming what you paid.

A commission’s receipt line is deliberately general — “Made-to-order commission” rather than your measurements and build. Those details are held in the order record instead, and deleted after your commission is complete, as described in the Privacy Policy. Keeping them off a permanent payment record is a privacy decision, not an oversight.

If you want a fuller written copy of your order — the specification you confirmed, the price breakdown, the delivery period that applied, or the version of these Terms in force when you ordered — email support@donyoku.ca and we will send one in a form you can keep, access, and print.

6. PRICES, TAXES, AND PROMOTIONS

Prices on donyoku.ca are in Canadian dollars (CAD) unless expressly stated otherwise. You pay the amount disclosed at checkout, subject to correction of an obvious error where the law allows it. We will not increase an agreed price without any consent the law requires.

Applicable taxes are collected where required, and may be calculated by us or by Stripe.

We do not give refunds, credit, or price adjustments because a product later goes on sale, a promotion starts or ends after your purchase, we change our prices, or another customer paid a different price. Comparison, regular, and sale prices are presented in accordance with applicable law. Unless we say otherwise, promotions cannot be applied to completed purchases.

7. PAYMENT

Payment is taken through Stripe-hosted checkout. We never receive or store your full card number or security code.

Full payment. Unless checkout expressly says otherwise, the whole amount shown is payable when you place the order. This is how donyoku.ca charges commissions at present.

Deposits. We may instead take a deposit on a commission, with the balance settled before dispatch. Where we do, checkout will say so on the line item, and will state the deposit amount and what remains payable before you pay. A deposit is retained only to the extent the law permits, and nothing here lets us keep an amount the law requires us to refund.

8. MADE-TO-ORDER: NO CHANGE-OF-MIND CANCELLATION

To the fullest extent the law allows, commissions are final sale. There is no cancellation, return, exchange, or refund right merely because you changed your mind, no longer want or need the garment, chose the wrong option, supplied an incorrect measurement, would prefer a different cut, fabric, or colour, found something you like better, or expected a different subjective fit where the garment matches the specifications you confirmed.

This does not affect your rights over a garment that is faulty, unsafe, incorrect, materially misdescribed, or never delivered.

9. CHANGES AND CANCELLATION BEFORE PRODUCTION

You can ask us to change or cancel a commission. Unless the law gives you a cancellation right, we are not obliged to agree.

Whether a change is possible depends on how far the work has gone — whether materials have been bought or allocated, whether the fabric has been cut, whether pattern work, stitching, or assembly has begun — and on feasibility, cost, and the production schedule. A change takes effect only when we confirm it. If it costs more, we will agree that with you before doing the work.

If we do agree to cancel, what is refunded or retained depends on the circumstances and the law. Agreeing once does not commit us to agreeing again.

10. MEASUREMENTS AND FIT

For a commission you are responsible for supplying accurate measurements using the method we ask for. Follow the instructions, use the units requested, distinguish body from garment measurements where we say to, and check the numbers before you pay rather than guessing.

We may query a measurement that looks unusual, but we cannot catch every error. Where a garment matches the measurements you supplied and confirmed, a poor fit caused by an inaccurate measurement is not a manufacturing fault.

That does not apply — and the garment is our responsibility — where we misread measurements you supplied correctly, built the garment materially differently from the ones confirmed, or where our own instructions caused the error.

Fit is also affected by body shape, posture, fabric behaviour, construction, ease, the relationship between several measurements, and normal variation in handmade work. Unless a specific fit outcome was expressly made part of your order, preferring a different fit after delivery does not by itself make a garment faulty. Failing to build to the agreed measurements or specifications does.

11. HANDMADE WORK, DENIM, AND COLOUR

Our garments are cut, sewn, and finished by hand, and minor variation that is normal in handmade construction may occur — in stitching, seam placement, dimensions within ordinary garment-making tolerances, hardware alignment, pocket placement, texture, and finishing. Minor, reasonable variation is not a fault. Materially incorrect workmanship, a significant departure from the agreed specification, or unsafe construction is.

Raw, unwashed, selvedge, slub, and indigo-dyed denims are made to change with wear. Fading, creasing, wear patterns, indigo transfer, shrinkage, stretching, variation in weave, slub, nep and yarn texture, colour differences between batches, and change after washing are characteristics of these fabrics, not defects. Where care guidance is supplied with a garment, please follow it. None of this excuses defective fabric, unsafe dyeing, or a materially misleading description.

Screens, lighting, photography, and the fabric itself mean the physical garment may not match a photograph or a configurator preview exactly. A minor difference in colour, weave, or texture is not a fault; a material misdescription is.

12. REFERENCE IMAGES AND MATERIAL YOU SUPPLY

A reference image is design guidance, not a promise to reproduce everything visible in it. Your garment is defined by the selections and specifications agreed for your order. Reference images are also covered by the Don Yoku Privacy Policy.

If you ask us to reproduce text, initials, artwork, or other material you supply, you confirm you have the right to authorize its use. Do not ask for anything that infringes another person’s copyright, trademark, privacy, publicity, or other rights. We may decline a customization we reasonably believe would be unlawful or infringing. You give us permission to use what you supply only as far as needed to assess, produce, fulfil, support, and document your order.

13. OUR INTELLECTUAL PROPERTY

Buying a garment does not transfer ownership of our trademarks, branding, site content, photographs, artwork, patterns, or designs. Nothing here transfers your intellectual property, or anyone else’s, to us.

14. IF SOMETHING IS WRONG WITH YOUR ORDER

The final-sale policy in section 2 does not apply to goods that are faulty, unsafe, incorrect, materially misdescribed, materially non-conforming, or undelivered.

Tell us within 30 days of delivery for a fault you can see on arrival or shipping damage, so we can deal with it while the evidence is fresh. A later report does not extinguish a statutory right — section 24 rights run on their own timetable regardless of this paragraph — but reporting promptly is how we can help fastest.

Email support@donyoku.ca with your order number, what is wrong, and photographs of the problem.

What happens then:

1. We acknowledge your claim within 3 business days.
2. We assess it from your photographs. If we need to see the garment, we will ask you to return it and we pay the return postage.
3. Within 14 days of acknowledging the claim we either resolve it or explain in writing what we are doing and when.

Please do not alter, repair, wash, or modify the garment while we are investigating, except where that is necessary for safety, as it may make the problem impossible to assess.

The remedy. Where the law leaves the choice open, we choose between repairing the garment, altering or correcting it, replacing it, reducing the price, or refunding you in whole or in part, and we will choose something that actually resolves the problem. Where the law gives you the choice, or requires a particular remedy, that governs instead. We do not charge restocking, cancellation, or processing fees.

15. DAMAGE AFTER DELIVERY

To the fullest extent the law allows, we are not responsible for problems caused after delivery by accidental damage, improper washing or drying, bleach or chemical exposure, misuse, abnormal abrasion, ignoring reasonable care instructions, alterations or repairs by someone else, or ordinary wear and tear. This does not exclude responsibility for a fault that existed independently of those things.

16. AVAILABILITY

Ready-made items may be one-of-one. Adding one to a cart does not reserve it, and it remains available to others until an order is completed and accepted. Where two customers try to buy the same piece, we fulfil the first valid completed transaction. If we take payment for something we cannot supply, we refund it.

17. SHIPPING AND DELIVERY

Where we ship. Our checkout currently ships to addresses in Canada. We may add destinations later; if checkout will not accept your country, we are not offering delivery there.

Postage. Any shipping charge is disclosed before you pay. Where more than one service is offered you choose at checkout.

Your address. Enter it completely and accurately. If you spot a mistake before dispatch, email support@donyoku.ca immediately — we will try to correct it, but cannot promise a change once a carrier has the parcel. Where the law permits, additional postage caused solely by an address you got wrong may be charged before we resend. That does not apply where the problem was ours or the carrier’s.

Delivery. Parcels are delivered by the carrier’s ordinary methods, which depending on the destination may include delivery to you, to a mailbox, community mailbox, or parcel locker, to a reception or concierge, or to another person authorized to receive it. Where the law requires your specific authorization for a delivery method, that requirement governs.

Risk. Risk passes when the law says it does, and never earlier than mandatory consumer law allows. Where the law makes us responsible until you or someone you nominate receives the goods, that is the rule that applies.

If it does not arrive when expected, email support@donyoku.ca and we will investigate with the carrier. We remain responsible for delivery to the extent the law requires, and will replace or refund where the law requires it.

18. HOW LONG IT TAKES

Ready-made items are dispatched within 5 business days of your order being accepted.

Commissions are made in 4 to 6 weeks from the date we have everything we need to start — that is, once payment is complete, your measurements are supplied, and any question we have raised about your order is answered. This period is the delivery period for your order. We will tell you if it changes.

That period may move if your information is incomplete, we need a clarification, you request a change we agree to, or materials become unavailable. Where the law requires your agreement to a revised date, or gives you a right to cancel because of a delay, that right applies and this section does not limit it.

19. DELAYS OUTSIDE OUR CONTROL

Production or delivery can be affected by material shortages, supplier or carrier delays, customs, severe weather, natural disasters, labour disruption, illness or emergency, infrastructure outages, or government action.

We will tell you promptly, take reasonable steps to limit the effect, and offer whatever the law requires — which may include agreeing a new date, letting you cancel, or refunding you.

If such an event delays your order by more than 30 days beyond the period in section 18, you may cancel and we will refund everything you have paid, including for a commission. This is in addition to any statutory right you have.

20. IF WE CANNOT REACH YOU, OR THE PARCEL COMES BACK

Missing information. If we need something from you to start or finish a commission — a measurement, a clarification, an answer about your order — we will ask by email and follow up at least twice over 30 days. If we still cannot proceed after 60 days from the first request, we may cancel the order and refund you what you paid, less the cost of any materials already bought or cut for you where the law permits that deduction. We will tell you before we do this, and we will not treat you as unreachable if you are in contact with us.

Returned parcels. If a parcel comes back to us undelivered, we will contact you and hold it for 60 days. You can have it resent — you pay the postage only if the failed delivery was caused by an address you supplied incorrectly, and only where the law permits that charge. If we cannot reach you within 60 days, we may treat the order as abandoned and refund it less the postage we have actually paid, to the extent the law permits.

21. REFUNDS

Where we owe you a refund we process it within the period the law requires, to the original payment method unless the law permits or requires otherwise. How quickly the money appears then depends on Stripe, the card network, and your bank. We do not deduct fees the law prohibits us from deducting.

22. PAYMENT DISPUTES AND FRAUD

You keep every lawful right to dispute a payment with your card issuer. We would rather you email support@donyoku.ca first so we can look into the problem. We may contest a dispute where we reasonably believe the transaction was valid, and may provide order, transaction, production, shipping, and delivery records to do so.

We may refuse, cancel, or investigate an order where we reasonably suspect fraudulent or unauthorized payment, identity misuse, interference with checkout, price manipulation, automated abuse, or other unlawful conduct. If we cancel a legitimate paid order, we refund it.

23. CAPACITY, SAFETY, AND WARRANTIES

By ordering you confirm you have legal capacity to do so, or that a parent or guardian has authorized it. Nothing here limits protections the law gives to minors or to people who lack contractual capacity.

If you believe a Don Yoku product presents a safety problem, stop using it and email support@donyoku.ca. We will meet any product-safety, recall, or reporting obligations that apply.

We do not offer a separate commercial warranty beyond the obligations in these Terms unless we expressly give you one in writing. That does not exclude statutory warranties, legal guarantees, or mandatory consumer remedies, which apply regardless.

24. YOUR STATUTORY RIGHTS

Ontario. Ontario consumer-protection legislation applies to consumer transactions here and its mandatory rights are unaffected by these Terms. Ontario does not generally require a retailer to refund or exchange because a customer changed their mind, which is why section 2 applies to change-of-mind purchases. Ontario law may still give you cancellation or other remedies — for example where required pre-contract disclosures were not made, where you were not given a real opportunity to accept or decline the agreement and correct errors, where a required copy of the agreement was not provided, where there has been an unfair practice or misrepresentation, or where goods are not delivered. Nothing here waives those rights.

Elsewhere in Canada. Federal, provincial, and territorial consumer-protection law may give you further rights — over distance sales, disclosure, contract copies, delivery dates, cancellation, refunds, warranties, unfair practices, faulty goods, and credit-card remedies. Where those laws apply they prevail over anything inconsistent in these Terms.

Outside Canada. Our checkout ships within Canada. If we ever accept an order from elsewhere, you keep the mandatory protections your local law requires to apply regardless of the choice of law in section 26, and those prevail over anything inconsistent here. Distance-selling rules in several countries give a cancellation period for ready-made goods but exempt goods made to a consumer’s own measurements and specifications; a Don Yoku commission is intended to fall within that exemption where its requirements are met. That exemption concerns change of mind only, and never affects rights over faulty or non-conforming goods.

25. LIABILITY

Nothing in these Terms excludes or limits liability where the law prohibits it — including for fraud, for death or personal injury where liability cannot lawfully be excluded, and for mandatory consumer remedies.

Subject to that, and to the fullest extent the law allows, we are not liable for indirect, incidental, special, or consequential loss that was not reasonably foreseeable when the contract was made. Any limitation applies only so far as it is lawful and enforceable.

26. GOVERNING LAW AND DISPUTES

Subject to mandatory consumer-protection rules, these Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. This does not deprive you of mandatory protections another jurisdiction requires to apply.

Please email support@donyoku.ca first so we can try to resolve the problem. Subject to mandatory consumer jurisdiction rules, disputes may be brought in a court of competent jurisdiction in Ontario.

Nothing here requires pre-dispute arbitration, prevents you from using a court or tribunal the law guarantees you, prevents a complaint to a regulator, or waives a class-proceeding right. We can of course agree to mediation after a dispute arises if we both want to.

27. PRIVACY AND ORDER COMMUNICATIONS

Personal information attached to an order is handled under the Don Yoku Privacy Policy, which covers measurements, commission specifications, optional reference images, Stripe, hosting, browser storage, retention, and deletion. Nothing in that Policy reduces your rights under these Terms.

By ordering you agree we may send you messages needed to run the transaction — about payment, confirmation, missing information, measurements, production, delays, shipping, delivery, returns, faults, refunds, fraud, and security. Those are not consent to marketing.

28. GENERAL

Phrases such as “final sale,” “no refund,” and “no exchange” apply only as far as the law permits and never waive a right that cannot be waived. Where mandatory consumer law conflicts with these Terms, that law prevails to the extent of the conflict.

If part of these Terms is found unlawful or unenforceable, it is limited or interpreted to the minimum extent needed where possible, and the rest continues to apply.

Not enforcing a right immediately does not waive it. If we give a refund, replacement, alteration, or other accommodation once, that does not oblige us to do so again.

For any order, the agreement is these Terms together with the product listing, the confirmed configuration, what was disclosed at checkout, the order summary and confirmation, any written change we later agree, and anything the law requires. More specific order terms govern over these general ones where the two genuinely conflict.

We may update these Terms for future purchases. The version that applies to your order is the one in force when you placed it; a later change does not alter an existing agreement unless you agree or the law permits it. The “Last updated” date above identifies the current version.

29. CONTACT

Questions about orders, cancellations, faults, shipping, or refunds:

Do not send a parcel back before contacting us: our business address is not necessarily the return address, and we will give you return instructions.

Where the law permits notice by email, you can send it to support@donyoku.ca. Please keep proof of any cancellation or other important notice you send us.