TERMS & CONDITIONS
- Agreement to Terms and Conditions
- 1.1 Acceptance of Terms and Conditions
o 1.1.1 The website www.babyevia.com (“the website”) is owned and operated by Baby Evia Inc., trading as ‘babyevia.com’. References to “we”, “us”, or “our” are references to Baby Evia Inc. We are a company registered in Ontario, Canada, our registered office and address for correspondence is:
270 George St N, Third Floor
Peterborough, ON K9J 3H1
o 1.1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
- 1.2 Changes to Terms and Conditions
o 1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.
- 1.3 Accounts and Billing
o 1.3.1 You can find the specific details regarding your subscription with Baby Evia Inc. including your next scheduled boxes, by logging into your account
- 1.4 Other applicable terms
- Website Use
- 2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
- 2.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
- 2.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
- 2.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
- 2.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
- 2.6 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
- 2.7 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
- 2.8 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org
- Intellectual Property Rights
- 3.1 Website
o 3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
- 3.2 External Links
o 3.2.1 From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
o 3.2.2 If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
- 3.3 Trademarks
o 3.3.1 BABYEVIA, the BABYEVIA logo are trademarks of Baby Evia INC.
- Joining Us
- 4.1 In order to subscribe to products from the website, you must first register to set up an account with us by completing the registration form on the website. The purchase of individual products can be done either via guest checkout or completing registration.
- 4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
- 4.3 When signing up you need to provide:
o 4.3.1 your full name;
o 4.3.2 a valid and current email address;
o 4.3.3 your delivery address; and
o 4.3.4 your payment card details.
- 4.4 When signing up you will also be asked for the actual or expected birth month of the baby should you have this information available
- 4.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
- 4.6 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.
- 4.7 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
- Availability of Website
- 5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- 5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at email@example.com
- 6.1 When you subscribe to our box on the website you will be signed up to receive a regular delivery of our products every month. You can manage and make changes to your orders at any time.
- 6.2 You may submit orders online at any time after you have created an account. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
- 6.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
- 6.4 No order is accepted from you until our website displays an order confirmation message.
- 6.5 We select the contents of your parcels based on the child’s birth / expected birth date which you are required to provide. We reserve the right to not send certain combinations of products together in our package.
- General product purchases
- 7.1 We take all reasonable care to ensure that all details, descriptions and prices of products appearing on our website are correct at the time when the relevant information is placed onto our website.
- 7.2 We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate
- 7.3 The packaging of the products may vary from that shown on our site
- 7.4 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited
- 7.5 Checkout process for general product purchases
o Once you have selected the products you wish to order, click on the “Checkout” button at the end of the checkout process
o Once you have clicked on the “Checkout” button, you have made a binding offer for the sale of goods. Your offer at this stage is still subject to our acceptance. In order that we may accept your offer, we obtain an authorization from your credit card company for the amount detailed on the order summary page. We are not taking funds from your card at this stage, although the amount available for you to spend will be reduced by the authorization. This is a normal process with the banks. If your credit card should not give an authorization, your order will not be processed further
o We will E-mail you to confirm your product order has been received
o We will E-mail you again to confirm that the products you have ordered are being shipped to you
o We are deemed to have accepted your offer, and a corresponding contract of sale for the products you have ordered is concluded between you and us only upon those products being shipped to you, as detailed in the dispatch confirmation E-mail
- Information about our products
- 8.1 Our fabrics are 100% Organic purchased from GOTS certified factories.
- 8.2 To maintain our garments wash with similar colours and avoid washing with towels and other rougher garments
- 9.1 The price of products is as quoted on the website from time to time. Prices stated include taxes and shipping
- 9.2 We take payments by continuous payment authority
- 9.3 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future packages in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on firstname.lastname@example.org
- 9.4 You agree not to hold us responsible for banking charges incurred due to payments on your account.
- 9.5 Goods are subject to changes in supply levels, supply prices and currency fluctuations. We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees. Please note that you can cancel at any time – see section 12 below.
- Delivery and Return
- 10.1 Purchases are delivered free of charge worldwide; this excludes PO Box addresses and APO/FPO addresses.
- 10.2 Some international deliveries will incur import duty and tax. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
- 10.3 Purchases are delivered by DHL. Proof of delivery is obtained. Actual delivery times may vary for you depending on:
o 10.3.1 our stock availability;
o 10.3.2 your delivery address;
o 10.3.3 when you make your selection; and
o 10.3.4 circumstances impacting delivery by DHL.
We reserve the right to use alternative delivery methods without prior notification.
- 10.4 You will not hold us responsible for any delays, outside our control, which relate to the delivery of parcels.
- 10.5 It is your responsibility to report all lost or undelivered purchases online within 7 days at email@example.com.
- 10.8 If you change address, you must update your address details in the relevant section of the website to ensure that no purchases are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any purchases posted to the wrong location.
- 10.9 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, that the address entered is undeliverable.
- 10.10 If you are dissatisfied with any product you receive from us, please contact our customer services team on firstname.lastname@example.org. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
- 11.1 You can cancel the purchase of a box at any time before it has shipped.
- 11.2 Cancellation must be by the website www.babyevia.com.
- 11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
- Limitations on Liability
- 13.1 Nothing in this clause 12 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
o 13.1.1 fraud or fraudulent misrepresentation;
o 13.1.2 death or personal injury caused by our negligence;
o 13.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
o 13.1.4 under Part I of the Consumer Protection Act 1987; or
o 13.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.
- 14.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
- 14.3 Subject to clause 14.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
- Applicable Law
- 15.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Canada. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of Canada.
- Assignment by Us
- 16.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
- Accounts are Non-Transferable
- 17.1 Accounts with Baby Evia Inc. are not transferable and therefore cannot be sold or traded.
- No Waiver
- 18.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
- Force Majeure
- 19.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- Third Party Rights
- 20.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
- Contacting us
- 21.1 Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to email@example.com or write to us at:
270 George St N, Third Floor
Peterborough, ON K9J 3H1