www.babysorganic.com

TERMS AND CONDITIONS
(V1.1 – Effective December 10th, 2009)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this site,  ii) purchasing any products or services from Green Kid Organics Ltd or iii) utilizing any of the products or services from Green Kid Organics Ltd through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from Green Kid Organics Ltd, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.

The COMPANY’s Privacy Policy is incorporated into this Agreement.

I. GENERAL TERMS & CONDITIONS

a)             Scope of Terms and Conditions

These Terms and Conditions apply to your use of all of the website at www.babysorganic.com, as well as any of its sub-domains and related domains or shopping cart pages (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.

b)             Restrictions on Use

The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.

c)            Links

These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.


d)            Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

e)            No Personal Advice

The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

f)            Parental Permission; Minimum Age Requirement

This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We hereby require all users of the Site to be over 13 and all purchasers of COMPANY’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 18 years of age.


g)            COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Green Kid Organics Ltd or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of the COMPANY and protected by Canadian and international copyright laws.   

h)            TRADEMARKS

The COMPANY’s name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the Canada and/or other countries. COMPANY’s trademarks and trade dress may not be used in connection with any product or service that is not COMPANY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates.  
 

II. Special Notes with regard to Product and Service Purchases

a)            Shipping Methods

Shipping is automatically calculated prior to submitting your payment information. Simply add items to your cart and proceed to the Checkout page where you will be offered Shipping Method choices and their prices.

General Shipping Costs:
Orders shipped using Expedited Shipping method are charged the following flat rate in
Canadian dollars (CAD):

$9 CAD within Canada
$12.99 CAD to the United States

*Please note that a few over sized items have additional shipping costs. Any item with extra shipping charges will have the extra charge listed on the product page.

Shipping options:
We offer Expedited Shipping using Canada Post's Expedited Parcel Service for the price of Regular Parcel Service. Shipping rates and delivery timeframes are listed in the tables below. For your convenience, we also offer Express and Priority Shipping via Canada Post and Purolator respectively. Please contact us for exact quotes.

Orders normally take 1-2 business day to be processed and shipped. Express and Priority orders must be placed and confirmed before 12pm noon EST to be shipped the same business day.

SHIPPING RATES
All rates below are in Canadian dollars (CAD).

CANADA
Orders shipped to major Canadian destinations:

 

UNITED STATES

Orders shipped to major U.S. destinations (including Hawaii and Alaska):

INTERNATIONAL

For orders shipped outside of Canada and USA, since shipping rates vary among international countries, the rates below represent a minimum cost. Please contact us with order details for exact quote.
 

Please Note: Orders shipped outside of Canada are not charged Canadian taxes, however, they may be subject to import duties and taxes when they reach your country. Baby's Organic does not collect and cannot estimate duties and taxes. If you do incur these additional fees, a customs invoice may arrive with the package or may be sent in the mail. Recipients are responsible for paying all additional fees. For more information, please contact your local customs office.

b)            Sales Tax

 Sales tax is only required for orders shipping within our resident country of business. Therefore all orders shipping within Canada will be charged applicable sales tax according to your area’s tax rate.

c)            Duty Tax

It is your responsibility to calculate the amount of Customs/Duty that will be applied to your purchase by the Customs Office in your country.

d)            Product listings

COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Green Kid Organics Ltd shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Green Kid Organics Ltd are provided as resources to customers looking for additional information and/or professional opinion. Green Kid Organics Ltd does not assume responsibility for the claims and/or representations made on these or any other websites.

e)            Product Revisions

Green Kid Organics Ltd is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases Green Kid Organics Ltd acts as a distributor for others. In the interest of our customers, Green Kid Organics Ltd puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, Green Kid Organics Ltd relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Green Kid Organics Ltd will not be held responsible for product revision changes.


III. Product and Service Purchase Agreement

By accepting delivery of any product or service delivered from Green Kid Organics Ltd, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and Green Kid Organics Ltd agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and Green Kid Organics Ltd. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from Green Kid Organics Ltd.

a)             Product Issues

If you have problems or concerns regarding the Company or your purchases, you may contact us by emailing us at info@babysorganic.com.

b)                   LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

c)            AUTHORIZATION OF PURCHASE.

If you order anything posted at babysorganic.com , you are additionally agreeing to pay the amounts set forth therein, that Green Kid Organics Ltd may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.   

d) GUARANTEE:
Your satisfaction is our top priority. In fact we don’t just want you to be satisfied we want you to be extremely happy with your purchases. If you are not 100% happy with your purchase you can exchange it or return it for a full, no questions asked, money back guarantee!

e) EXCHANGES & RETURNS:
If you need to do a return or exchange please let customer service know by sending an email to info@babysorganic.com.

All exchanges or returns must be unwashed, unused, and undamaged. All products must be returned within 30 days of receipt of them. We unfortunately can refund the cost of return shipping. The refund will be credited to the original card used for the purchase. Please include the invoices (or a copies) with your return.
 
f)            GENERAL TERMS AND CONDITIONS

1.            Payment Terms; Orders:

An order is not binding upon Green Kid Organics Ltd until it is accepted. Green Kid Organics Ltd must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with Green Kid Organics Ltd. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.  

2.            Shipping Charges:

Your total cost for purchase of any product will include shipping and handling charges shown on the Green Kid Organics Ltd invoice.  

3.            Title; Risk of Loss:

Green Kid Organics Ltd will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) - excepting software- and risk of loss passes to you upon delivery to the carrier.  Green Kid Organics Ltd will advise you of estimated shipping dates, but Green Kid Organics Ltd will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, provincial or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.  

4.            Governing Law and Jurisdiction:

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Green Kid Organics Ltd and yourself shall be governed by the laws of the province of Ontario. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the Provincial Courts of Ontario, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Green Kid Organics Ltd that is more than one year after the date of the applicable invoice.  

5.            Severability:

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ontario law.  

6.            Waiver:

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

7.            Entire Agreement:

These Terms and Conditions (along with the incorporated Privacy Policy) are the complete and exclusive agreement between Green Kid Organics Ltd and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Green Kid Organics Ltd and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.