1. Usage of the site
All users of this website agree that access and use of this website are subject to the following general terms and conditions as well as any other applicable law. Use of this website implies your APPROVAL. If you do not agree with these terms and conditions, please do not use the website « MABY Group inc. »
By using this site, you solemnly declare that you:
- Are over 18 years of age
- Are a legal resident of the territories served
3. Application of Terms & Conditions of Sale
3.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by MABY (“MABY” or “Seller”) of any product made available by MABY (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
3.2 By ordering the Product, whether by placing an order on the website (www.mabybox.com), in person or by any other mean, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between MABY and the Client and supersedes any other terms and conditions that may be provided by the Client. MABY’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
3.3 “Client” means any person or entity ordering products from MABY.
3.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client’s orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of MABY.
3.5 Promotional codes and gift cards
We periodically share first trial promotional codes for our services through our newsletters and on our social networks
Please note that :
- A promotional code can only be added by you when you create your account. If an error has been made during this step of creating your account, please contact our customer service immediately..
- Each promotional code has its own conditions of use (value, number of applications, time limit etc.). It will not be possible for our agents to modify these conditions or to make an exception to your request.
- The promotional codes are not cumulative.
- Only one promotional code is allowed per household. A second promotional code cannot be applied to your existing account, just as you cannot apply a new promotional code by creating another account at the same address, regardless of the nature of your relationship with the person wishing to be delivered to the same address (roommate, parent, spouse, etc.).
We reserve the right to remove a promotional code at any time for any reason.
Gift certificates purchased on the website can only be used once at any time. They are in NO CASE refundable.
4. Billing, Orders & Credit Card Information
4.1 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to MABY.
4.2 MABY reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. MABY shall not otherwise be liable to the Client for cancellation of such orders.
4.3 All buyers will be charged in Canadian dollars.
4.4 All items purchased from MABY are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
5. Health Disclaimer Notification
The information contained on MABY’s website has not been evaluated by Health Canada. The information on this website is not intended for diagnosing, treating, curing, or preventing diseases of any kind. The information on this website should not be used as a therapeutic measure or replace the advice of a health care professional . The information presented above, or the information received via phone or email, should not be construed as practice of medicine. MABY is not responsible for the abuse and/or misuse of any product sold due to a consumer using this website. MABY is also not responsible for any problems or difficulties that may arise due to the use of consumer products sold by MABY. Customers of this website, previous and future, who do not consult with a health care professional prior to the purchase and use of any product, assume all risks and consequences.
MABY works to protect your personal information during transactions using a secure system. MABY employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which MABY is doing business receives this encrypted information. Other personal information collected by MABY is used to ship your order, to contact you in case of need, or to let you know about all the opportunities MABY has to offer. You may, at any time, ask that your information is removed from our database.
You agree to indemnify, defend, and hold MABY harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the “Service Providers”) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.
8. Third Party
In order to provide added value to our users, MABY can affiliate itself to websites operated by third parties. However, even if the third party is affiliated, MABY has no control over these linked sites, which have different private data collection methods unrelated to MABY. These linked websites are for your convenience only and are therefore accessed at your own risk.
9. Act of God
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller’s control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller’s obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.
10. Arbitration, Governing Law & Jurisdiction
These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein without regard to principles of conflict of law and specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration in accordance with the Rules of the Canadian Arbitration Association and any such arbitration proceedings shall be brought and held in Quebec, CANADA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. In case arbitration shall be impracticable then any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must brought to the tribunals of the District of Montreal, Province of Quebec, Client consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; Client waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and Client waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.
11. No Assignment
Client may not assign its rights or obligations under this Agreement without the express written consent of MABY.
If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13. Intellectual Property
13.1 Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the “Industrial Property”) is the exclusive property of MABY.
13.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of MABY.
13.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of MABY or create any rights adverse to those of MABY. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.
MABY Group inc.