This agreement (the "Agreement") sets forth the terms and conditions that apply to the purchase of products and/or services (the "Product(s)") from Kaede Kids., also known as Kaede Kids. Kaede Kids reserves the right to change the Agreement without prior written notice at any time, at Kaede Kids’s sole discretion.
The terms "you" and "your" refer to the purchaser of Products using the www.kaedekids.com website (the "Website").
By using the Website to make online purchases of products, you agree to be bound by and accept the terms and conditions set forth in the Agreement, and you represent that you are of legal age to enter into the Agreement and become bound by its terms. The Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Except as expressly provided for in the Agreement, Kaede Kids does not make or give any representation or warranty with respect to the Products you may purchase from the Website and Kaede Kids’ liability is limited.
CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Kaede Kids over the Internet or by e-mail, and that the Agreement (together with any applicable Order Confirmation(s) accepted by Kaede Kids' indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between you and Kaede Kids. You further 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.
OTHER DOCUMENTS, AGREEMENTS AND POLICIES
Before submitting an order for the purchase of Products using the Website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping, duties (if applicable) and taxes. When you submit your order, such order will constitute an offer from you to Kaede Kids to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Kaede Kids ntil accepted by Kaede Kids. Kaede Kids' acceptance of your order is evidenced by (i) return e-mail from Kaede Kids indicating that your order has been accepted; and (ii) the actual shipment of the Products by Kaede Kids to you.
Kaede Kids reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Kaede Kids will issue a full refund.
All prices quoted are payable in CAN Dollars or US Dollars for purchases made on the Canadian online store. Although Kaede Kids strives to provide accurate product and pricing information, errors may occur. Kaede Kids reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Kaede Kids cannot confirm the price of a Product until after you submit an order for the Product. Without limiting to Kaede Kids. Kaede Kids may, at its sole discretion, refuse or cancel your order, whether before or after Kaede Kids' acceptance thereof. If there is such an error in pricing, Kaede Kids will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
PRICE INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CAN DOLLARS.
Terms of payment shall be determined at Kaede Kids' sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Kaede Kids Any payments made by credit card are subject to the approval of the financial institution that has issued your credit card.
PRODUCT INFORMATION AND AVAILABILITY
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Kaede Kids may revise or cease to make available any Products at any time without prior notice. In the event that Kaede Kids is unable to deliver to you a Product ordered due to lack of availability, Kaede Kids will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Kaede Kids may, in its sole discretion, contact you in order to give you the option to maintain your order subject to a revised delivery time if and when the Product becomes available.
Kaede Kids attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Kaede Kids However, Kaede Kids does not warrant that Product descriptions or other content of the Website are always accurate, complete, reliable, current or error-free.
SHIPPING AND TAXES
Kaede Kids will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Kaede Kids are estimates only. Kaede Kids hall not be responsible for any damages or costs resulting from any delays in delivery.
KAEDE KIDS REQUIRES, UPON DELIVERY, AN ADULT SIGNATURE AS A PROOF OF DELIVERY SO PLEASE ENSURE SOMEONE IS AVAILABLE TO RECEIVE THE PARCEL ON YOUR BEHALF.
Unless otherwise stated, all prices showing on the Website do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping, handling and taxes will be shown on the Order Confirmation for each Order, as applicable.
OWNERSHIP AND RISK OF LOSS
All Product(s) purchased from Kaede Kids are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of remittance by Kaede Kids of the Product(s) to the third party delivery company. Any claim by you for a failed delivery shall be made by you directly with the shipping company and we will try and assist you in expediting the claim.
All Product returns are subject to Kaede Kids' Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, KAEDE KIDS DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL KAEDE KIDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY KAEDE KIDS OR OTHERWISE RELATED TO THE AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.KAEDEKIDS.COM KAEDE KIDS OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL KAEDE KIDS' TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THE AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL KAEDE KIDS BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, KAEDE KIDS' CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF KAEDE KIDS.
CERTAIN FEDERAL OR PROVINCIAL LAWS, AS APPLICABLE, MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For the purposes of this section, "KAEDE KIDS" shall include KAEDE KIDS' affiliates and Kaede Kids' and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This section shall survive the termination or expiry of the Agreement.
GOVERNING LAW AND JURISDICTION
The Website is controlled and operated by KAEDE KIDS from Vancouver, Province of B.C, Canada. The Agreement shall be construed and interpreted in accordance with the laws of the Province of B.C. and the laws of Canada applicable therein and shall be treated in all respects as a B.C. contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You acknowledge and agree that any dispute that may arise between you and KAEDE KIDS in respect to the Agreement and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of B.C. and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
Products sold or delivered under the Agreement shall be subject to the export control laws and regulations of the United States of America. You agree to comply at all times with all such laws and regulations. You will defend, indemnify and hold Kaede Kids harmless against all claims, damages or liability resulting from breach of the foregoing.
It is expressly agreed between the parties hereto that the purchase of products with the intent of commercially exporting them is strictly prohibited.
The headings of the Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of the Agreement.
You may not assign your rights or obligations under the Agreement without the express written consent of KAEDE KIDS.
SUCCESSORS AND ASSIGNS
The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of the Agreement shall be deemed severable. In the event that any provision of the Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and KAEDE KIDS relating to the subject matter hereof, the use of the Website and any transactions conduct KAEDE KIDS making such amendments or modifications available to it pursuant to the Agreement.
The failure of KAEDE KIDS to enforce any provision of the Agreement or to respond to a breach by you or any third party of the Agreement shall not in any way waive the right of KAEDE KIDS to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
KAEDE KIDS reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.
PRICE ADJUSTMENT CLAUSE
KAEDE KIDS offers a one (1) time price adjustment if an item is marked down within seven (7) days of the purchase date and your request is made in this period. This excludes items purchased in following conditions: FINAL SALE/Flash Sale or with a Promotional/ Discount Code. To obtain a price adjustment on a purchase made through www.kaedekids.com, please contact via e-mail at email@example.com and reference your order number and item that requires the adjustment. If approved, a refund of the difference will be issued in the original form of payment in three (3) business days.