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Terms & Conditions

 

Terms & Conditions:



Effective Date 2012

 

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree the following terms and conditions.

If you do not agree with these terms and conditions you may not use or access this Website. Please also read our privacy Policy that also governs your use of this web site.


 

Description of products, Content and Specifications:


All features, content, specifications, products and prices of products and services described on this Web Site are subject to change at any time without notice. All descriptions are approximate.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.

Although we aim to keep the Website as up to date as possible, the information including Product Descriptions, prices, and availability appearing on this Website at a particular time may be inaccurate or incomplete and not always reflect the position exactly at the moment you place an order. We also may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

In terms of colors the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. By placing an order, you represent that you have the minimum age requirements and that the products ordered will be used only in a lawful manner.

 


Shipping Limitations:


When an order is placed, it will be shipping to an address designated by the purchaser. As all purchases from this Web Site are made pursuant to a shipment contract order, all risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

 

Acceptance of Terms by Customer:

 

The fact that the client check the box "I have read and agree to the Terms & Conditions" before the payment constitutes an irrevocable acceptance which can be challenged only in the cases expressly provided for in these conditions under the section "right of withdrawal". The Customer acknowledges that act, have read, understood and accepted these conditions.

The purchase by phone also implies acceptance of these Terms and Conditions.

 

The ordering process:

Command:

 

BabyBoutchou reserves the right to cancel and to refuse any order from a customer with whom there is or would appear during order processing, litigation, particularly a dispute over payment of a previous order.

 

Ordering:

 

The Customer can place an order with BabyBoutchou Internet 24h/24h and 7d/7d.

Phone at 514-979-1814 Monday through Friday, excluding holidays, from 10:00 to 19:00.

 

1) Firstly, the Customer must select the product (s) (s) he wishes to buy.

2) The Customer must then validate their shopping cart.

3) The Customer must check the products selected with the options of colors and sizes, and specify the required quantity.

4) The command can’t be registered on the website if the Client is clearly identified, either by entering their e-mail and its personal password or giving all the information required for registration online.

5) Once identified, the Customer must clearly identify the information needed to deliver this concerns in particular the exact delivery address as well as any restrictions on access (building, floor, door code, etc.).

6) Before final step, the Customer must indicate the delivery method chosen.

7) Finally, the Customer must indicate the payment method selected to proceed to the payment of his order on the PayPal  secure interface, which formalizes a final sales contract between him and BabyBoutchou.

 

Any order implies acceptance of the prices and descriptions of products available for sale. The final validation of the order by the Customer shall constitute proof of the order and amounts due for products ordered. This validation is worth signature and acceptance of all transactions on the site www.babyboutchou.com.

 

Order Confirmation:

 

An email is automatically sent to the customer to confirm the order; subject to the email address indicated in the registration form has no errors.

After reading the summary order, the customer confirms the order. The validation of the order summary and acknowledgment that results are an electronic contract. This contract is proof of the entire order and payment due pursuant to that order. Once he has validated his order, the Client becomes Purchaser.

BabyBoutchou reserves the right not to confirm the order when:

- Litigation (s) exist (s) with the Purchaser,

- Refusal to authorize payment by credit card banking institutions.

- In case of fraud or attempted fraud relating to the use of the site www.Babyboutchou.com.

 

Order Tracking:

 

Customer can track the status of their order by visiting the "My Account" on the website www.babyboutchou.com.

 

Payment:

Payment by credit card and PayPal:

The price payable by the Purchaser is the amount shown on the order summary that the Customer has read before submitting the order. The Customer must make full payment when placing the order.

The Customer may set the order online by credit card: Visa, Mastercard or American Express. Indicate the customer number on the front of the card, the expiration date of his credit card, the cryptogram on the back of the credit card (3 digits).

The buyer will automatically be transferred to the Paypal payment server. The customers are taken to payment pages showing their order on the secure PayPal site. To pay by credit card, they fill out the easy payment form. If they prefer to pay using PayPal, they log in to their PayPal account. The customers see a summary of their order to review key information, such as the shipping address. They will also receive a payment confirmation page that they can print for their records. They'll also receive a confirmation email.

 

Delivery:

Baby Boutchou will make its best efforts to ensure that the order is delivered in an average of 7 Business days and a maximum period of 14 working days from the day following the payment of the order. It is stated that orders received on the website BabyBoutchou Friday afternoon, Saturday or Sunday will be processed the following Monday. Orders received on the website Babyboutchou a holiday other than Friday, Saturday and Sunday are processed on the next working day.

The Purchaser has the ability to deliver the products to another address as his own. Delivery will not be made in cases of force majeure.

 

Receipt of the command:

It is the Customer's responsibility to inspect parcels in presence of the delivery receipt and notify any anomaly on the delivery (damage, damage to the package, missing product compared to the delivery order, broken products, delivery date not conform to the normal periods of service delivery etc.) to the carrier, and Babyboutchou within two business days. In cases where such references have not been given on the delivery note presented to the Client by the carrier, the product is deemed accepted by the Customer and shall not be subject to any dispute concerning delivery.

 

Right of withdrawal:

The purchaser has a period of 7 working days from the date of receipt to return at his own expense and without motive, (s) Product (s) he ordered (s). (S) Product (s) shall (will) be returned (s), after opening in its (their) packaging and its (their) original packaging to the following address, and be accompanied with the RMA number:

 

COP- CSP 46523

Bvd St Jean RPO

Pierrefonds

H9H 5G9

Québec. Canada

 

If the above conditions are met, BabyBoutchou reimburse the Purchaser the full amount of the order, within thirty (30) days after receipt by BabyBoutchou Products, except the cost of returning the products, which are borne by the Buyer. The purchaser can also get a credit of amounts paid on account of your next order.

 

Statement of income:

The returned product must be returned in their original packaging and original condition and in their entirety (product label included accessories, bag etc.). Products must be undamaged, in resalable condition, in a state of perfect cleanliness, they must not have been worn or used, or have suffered deterioration. Any product damaged, incomplete, or whose original packaging has been damaged, will not be refunded or exchanged. All products that are on sale are not refunded or exchanged.


Use of this Web Site:

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times the property of BabyBoutchou unless you are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited.
You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

 

Electronic Communications:

When you visit BabyBoutchou or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.



International Access:

 This Site may be accessed from countries other than Canada. This Site may contain products or references to products that are not available outside of Canada. Any such references do not imply that such products will be made available outside Canada.



Trademarks:

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners.



Links:

Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited.

This Web Site may contain links to Web sites that are not owned by us. If you use these links, we are not responsible for any content, materials or other information located on any other Web site. We don’t endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.



Gift Certificates:

 
Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate.
 

Inappropriate Material:

You are prohibited from posting or transmitting any unlawful or profane material or any material that could constitute or encourage conduct that would violate any law.

We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
 

Registration:

You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting us by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.


Warranty Information:

We do not warrant the suitability of goods for a particular purpose. We shall have the right, at our discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes.

Some items on our website have a manufacturer's warranty, which is noted in the product description. The manufacturer of the product and not by BabyBoutchou provides manufacturer’s warranties. The manufacturer is responsible for all warranty coverage, repair, servicing and defects. To obtain a written warranty for any of these items, send a specific written request to our Customer Service c.service@babyboutchou.com.

 

Disclaimers:

Please make sure the e-mail address you give us is correct. All order confirmations are sent to that e-mail address.

It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures In using this web site, the user shall agree to indemnify us against all claims, liability, damages, losses and costs arising from any breach of these conditions by the user or the use by any person accessing the website using user's membership information.

We disclaim all liability and no warranties for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any codes.


Limitations of Liability:

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, 

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

If there is any problem with this web site, you agree that your sole remedy is to stop using this web site. If there is any problem with the product or services you have purchased on this web site, you aggress that your sole remedy is from the manufacturer of such products or supplier of such services in accordance with the manufacturer of such products or supplier of such services, in accordance with the manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the web site.


Revisions to these Terms and Conditions:

BabyBoutchou reserve the right to revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because changes shall be effective immediately.

 

Compliance with laws:

These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity.

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. Those who choose to access this site from other locations do so on their own initiative.



Indemnification: 

You agree to defend, indemnify and hold BabyBoutchou harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Web Site.

Termination:

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
 

 

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