TERMS AND CONDITIONS FOR monikahibbshome.com
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms and conditions (the "Terms") apply to the use of the website monikahibbshome.com (the "Site") and/or the purchase and sale of products and services through the Site. By using this Site and/or placing an order for products or services from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You may not order or obtain products or services from this Site if you: (i) do not agree to these Terms; (ii) are not the older of (a) at least 18 years of age, or (b) legal age to form a binding contract with Monika Hibbs Inc.; or (iii) are prohibited from accessing or using this Site or any of this Site's contents, products or services by applicable law.
These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.
These Terms are subject to change by Monika Hibbs Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on this Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
2. Ownership, Use and Intellectual Property
All content on the Site and all intellectual property rights in the Site, including but not limited to all (i) text, data and other literary works; (ii) logos, designs, graphics, images, photographs, artwork and other artistic works; (iii) musical works and other sounds; (iv) videos and all audio-visual works; (v) performances; (vi) other materials; (vii) selections, arrangements, compilations, modifications and enhancements of all of the foregoing; (viii) software, including program code that may execute on the Site’s servers or that may be embedded or be downloadable from individual webpages on the Site; and (ix) the architecture and layout of the Site and webpages thereon, is owned by, or licensed to, us. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
3. Submitting Information to the Site
4. Accuracy and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. The material on this Site is provided on an "as available" basis and any reliance on the material on this Site is at your own risk.
5. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
6. Prices and Payment Terms
All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept approved credit cards and other payment methods for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
7. Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
8. Returns and Refunds
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within [NUMBER] days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call [TELEPHONE NUMBER] or email [EMAIL ADDRESS] to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We, therefore, strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a [NUMBER]% restocking fee.
Refunds are processed within approximately [NUMBER] business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
9. Links to Third Party Sites
This Site may contain hyperlinks or references to other websites which we have no control over. Any such links or references are provided to you only as a convenience and their presence on this Site does not imply endorsement by us and we do not warrant and you agree that we do not have any liability or responsibility for the content of such websites.
10. Manufacturer’s Warranty and Disclaimers
We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by a manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
All products and services offered on this site are provided "as is" without any warranty or condition whatsoever, including, without limitation, any warranty or condition: (i) of merchantability; (ii) of fitness for a particular purpose; or (iii) against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other conditions and warranties so the above disclaimer may not apply to you. You affirm that we shall not be liable, under any circumstances, for any breach of warranty or condition claims or for any damages arising out of the manufacturer’s failure to honour its warranty obligations to you.
11. Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR USE OF THE SITE, BREACH OF THESE TERMS, OR YOUR USE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THIS SITE, REGARDLESS OF (I) WHETHER SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
You agree to indemnify and hold harmless Monica Hibbs Inc., and its affiliates, and their respective directors, officers, shareholders, employees, agents, contractors and representatives, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of this Site, the use of the products and services offered on this Site, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Site.
13. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export.
15. Restrictions on Use
The Site is for your personal use only. As a condition of your use of the Site, you agree: (a) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms; (b) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; (c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its content except as permitted by us under these terms or as expressly provided under applicable law; (d) not to use the Site to distribute viruses or malware or other similar harmful software code; (e) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and (f) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
16. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
17. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein.
18. Waiver of Recourse to the Courts and Binding Arbitration
You and Monika Hibbs Inc. are agreeing to give up any rights to litigate claims in a court. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Site or purchase of products or services through this Site, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the ADR institute of Canada, Inc. under the Simplified Arbitration Rules of the ADR institute of Canada, Inc. The place of arbitration shall be Vancouver in the Province of British Columbia. The language of the arbitration shall be English. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 19 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
20. No Waivers
The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Monika Hibbs Inc.
21. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
23. Entire Agreement