Terms and Conditions
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on 12 June 2020.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
We operate the website www.babocush.ca. We are ALCA Distribution Inc. (DBA as Babocush), a company registered in British Columbia, Canada and with our registered office at 19155 38 Ave, Unit 108, Surrey, British Columbia, Canada, V3Z 0Y6.
2. Our Products
The images of the Products on our site are for illustrative purposes only and will not form part of these terms. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 19 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
8. Our right to vary these Terms
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us provided always that we may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. Such cancellation right must be exercised within 14 days of us contacting you with regard to the changes or you will be deemed to have accepted the changes and elected not to cancel. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.. If you opt to cancel in respect of all the affected Products, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
Thank you for purchasing your Babocush comfort cushion.
Your babocush comes with a One (1) year warranty from the date of purchase valid only in the country where the Babocush is purchased. Proof of purchase must be provided in order to establish the original purchase date and price.
In case of defect, the unit may be repaired or replaced at the sole discretion of Babocush.
Warranty applies to original purchaser only and is not transferrable. Babocush products purchased from online auctions or unauthorized retailers, are not covered by warranty.
Outside your warranty timeframe?
No problem! Please contact the Babocush Customer Care team on firstname.lastname@example.org and we’ll be happy to provide instructions on how to purchase spare parts.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
· one Product which is delivered in instalments on separate days.
· multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact us on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
If you are e-mailing us please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail.
If you cancel your Contract we will:
refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Without limitation, Refunds will be reduced (or in appropriate cases no refund provided) if the Products are damaged, soiled, show signs of wear and tear or are not in I the original box and plastic bag complete with instructions. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will refund you on the credit card or debit card used by you to pay. If you used a gift card to pay for the Product we may refund you in gift cards.
It is advisable to keep proof of postage as babocush cannot accept liability for any items lost in the post.
unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
You own the Products once we have received payment in full, including all applicable delivery charges.
12. Price of products and delivery charges
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. How to pay
You can only pay for Products using a credit card or PayPal.
Payment for the Products and all applicable delivery charges is in advance. We will charge your credit card when you place your order.
14. Our liability
The following provisions set out our entire liability (including any liability for the acts or omissions of employees, agents, and sub-contractors) to you in respect of any breach of these Terms and any representation statement or tortious act or omission including negligence arising under or in connection with these terms.
All warranties, conditions and other terms implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF THIS CLAUSE:
Subject to clauses 14.2 and 14.4, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, arising in connection with the performance of a contract shall be limited to the amount paid by you for the Products under the Contract and subject to that overall limit to the part of any loss suffered which is proportionate to our responsibility.
We shall not be liable for any indirect or consequential loss or damage or for loss of profit, loss of business, depletion of goodwill or otherwise, or in respect of costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
15. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Either of us may cancel a Contract affected by an Event Outside Our Control which has continued for more than  days. To cancel please contact us. If either of us opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16. Communications between us
When we refer, in these Terms, to "in writing", this will include e-mail.
Subject to clause 16.3 below, you may contact us by e-mail at email@example.com or by mail to 19155 38 Ave, Unit 108, Surrey BC V3Z 0Y6, Canada.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, or sent by mail or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by Canadian law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Canadian law. You and we both agree to that the courts of British Columbia will have non-exclusive jurisdiction, which means that if you are a consumer you can bring a claim to enforce your consumer protection rights in connection with these terms in British Columbia.