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Terms + Conditions

Welcome to OLILIBABY.  We hope that we will be able to fulfill your order in a satisfactory and timely manner.  Each order is fulfilled with the utmost care and attention. This Site is owned and operated by 9148744 Canada Incorporated (trading as OLILIBABY) ("we" us"). If you would like to contact us about anything contained on the Site please contact us by email at info@olilibaby.com.  These Terms and Conditions govern the contents and use of the website www.olilibaby.com (the “Site") and set out the terms and conditions on which we supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site.  By using the Site and/or ordering the Product you signify that you have read, understand and agree to be bound by these General Terms and Conditions.  You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.

These Terms and Conditions apply to all sales of products by us via the Site and supersedes any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by us.  If you do not agree with these Terms and Conditions then you may not use the Site.  Please note that we may modify these Terms and Conditions and you should review them periodically.  If any modification is unacceptable to you, you shall cease using the Site.  If you do not cease using the Site you will be deemed to have accepted the change.

Definitions
“Buyer” means the person named on the Order;

“Contract” means the Order and Order Confirmation;

“Faulty” means containing a fault or defect; imperfect or defective;

“Order” means your order for a Product from the Site;

“Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order, subject to any promotional offer or discount then applicable;

“Terms and Conditions” means the standard terms and conditions of business set out in this document.

Accessing and using the Site
You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.  You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that we may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines.  

Property rights and rights of use
All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by us or our licensors.  Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.

Disclaimers and limitation of liability
While we strive to ensure that the information contained on the Site (“Site Content") is correct and error-free, we do not warrant the accuracy and completeness of the Site Content.  We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

We will exercise all reasonable skill and care in providing the Site.  Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.  

Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise).  To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).

We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.  We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise.  We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Liability

We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied.  To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).

Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.

You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site.  The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

Termination

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.

Governing Law

This agreement shall be made under the laws of Canada and subject to the jurisdiction of the courts of Canada.