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User agreement

The following information is covered in the User Agreement below:

> Governing Law                     > Pricing                 > Credit Card Purchases    
> Copyrights & Trademarks     > Shipping               > Warranty
> Privacy Policy                      > Taxes                   > External Links
> Right to Limit                       > Return Policy


By accessing or using this site, you agree to be be bound by this agreement. The information and products on this site are provided by kissed babyTM (cxdbaby.com) of Bowmanville, Ontario, Canada. The Terms and Conditions constitute the entire agreement between you and Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and kissed baby with respect to this web site. No modification of the Terms and Conditions shall be effective unless it is authorized by kissed baby. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

GOVERNING LAW
In no event shall kissed baby be liable for any direct, indirect, incidental, or consequential damages resulting from the use of its products. In the event of litigation, both parties agree that the laws of Ontario, Canada, shall apply, and both parties consent to the jurisdiction of the courts of Bowmanville, Ontario, or in the event of diversity of citizenship, the courts of Canada. This agreement and the resolution of any dispute related to this agreement or this site shall be governed by the laws of Canada, and any legal action or proceeding between cxd baby and you shall be brought exclusively in a federal or provincial court in Ontario, Canada.

COPYRIGHTS & TRADEMARKS
All content appearing on this web site is the property of:
cxd baby (cxdbaby.com), operating as "kissed baby"

© 2002-2011. All rights reserved.
Materials on this site are copyrighted by kissed baby, and may be accessed, downloaded or printed only for your personal, non-commercial use. You may not copy or distribute any materials from this site without the prior written permission of kissed baby. This site is protected by Canadian and international copyrights in the design, layout, graphics, and expression of information.

The following are are all trademarks of kissed baby (cxdbaby.com): cxd baby; "Love. Comfort. Style."; "Canada's fashionable, comfortable, unpadded baby sling"; The Jewelled Silk sling; The EcoLogic sling; The Fashion Maven sling; The Child sling; The Splasher sling; The Beaded Panel; The Embroidered Panel; The Contrast Tail; The Ribbon Trim; The Mobile Pocket; The Statements t-shirt; and the kissed baby logo.

All other brand, product, service, and process names appearing on this web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by kissed baby. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of kissed baby or any third party, except as expressly granted herein.

PRIVACY POLICY
Personal information collected from you will only be used by us for the purposes of direct contact by us regarding product use and customer service. No personal information will be provided to any third parties.

When you visit our site, our site-access tracking service records the following information for statistical purposes:
1. your server (IP) address and machine name;
2. the date and time of visit to this site;
3. pages accessed;
4. the previous site or page visited;
5. the search engine and keywords used;
6. any linked referral; and
7. the type of browser used and its operating system.

kissed baby examines this information for statistical purposes only. No attempt will be made to identify you or your browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect server logs.

RIGHT TO LIMIT
Although the information on this web site is accessible worldwide, not all products or services discussed in this web site are available to all persons or in all geographic locations or jurisdictions. kissed baby reserves the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. kissed baby and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if kissed baby believes that customer conduct violates applicable law or is harmful to the interests of kissed baby and its subsidiaries. Any offer for any product or service made in the materials on this web site is void where prohibited.

kissed baby reserves the right to change, modify, add or remove any part of this site, and to add to, change or discontinue any material or information contained in, or any other aspect of, the site at any time and without notice or liability. Accordingly, you agree to review this site (and the News/Updates page) periodically, and your continued access or use of this site shall be deemed your acceptance of the modified site. Information, including product pricing and availability, may be changed or updated without notice. Information on this site may contain technical inaccuracies or typographical errors.
PRICING
All prices are in Canadian dollars. Pricing and availability are subject to change without notice.

CREDIT CARD PURCHASES
If purchasing from kissed baby by credit card, you agree that your credit card will be charged under our parent company name, "Word Cure" of Bowmanville, Ontario. We accept Visa, MasterCard, American Express, PayPal (which also allows you to use Visa, MasterCard, American Express, Discover or an e-check), cheque (in Canadian or U.S. funds), and international money order (for Canadian banks only).

SHIPPING
kissed baby ships merchandise within Canada, to the U.S., and to most overseas destinations.
Our shopping cart charges a shipping fee based on a Canadian shipping location. Your total, with shipping costs, will be confirmed with you before payment is due.

The shipping cost is based on your order total, to the same shipping address. The order total includes the total price of the items, taxes and duty where applicable, plus any service charges, such as custom embroidery or gift boxing.

Within Canada:
> Shipping is by Canada Post or Purolator courier (where available). Insurance and a tracking number are included.
> Transit time ranges from 1 to 5 business days, but is not guaranteed, dependent on the shipper.
> Reduced shipping charges may apply for local areas (the Greater Toronto area—postal codes L and M).

Shipping costs (within Canada)

Order totalling $0.01-$150.00

$8.00 CAD

Order totalling over $150.00

FREE SHIPPING

Rush shipping also available by FedEx, Purolator, or Canada Post express.

To the U.S.:
> Shipping is by Canada Post air mail or FedEx (where available). Insurance and a tracking number are included for rush or FedEx shipments only.
> Transit time ranges from 3 to 10 business days, but is not guaranteed, dependent on the shipper.
> The shipping fee indicated at the time of check-out is for Canadian destinations only. For U.S. destinations, there is a $2.00 surcharge on the shipping fee indicated at the time of check-out (see price chart above for standard Canadian rates).
> ** Any duties, taxes, tariffs, and other additional costs incurred are the responsibility of the recipient, and are payable upon receipt of the goods.

To overseas destinations:
> Shipping is by Canada Post air mail. Insurance and a tracking number are *not* included, but may be requested for a surcharge.
> Transit time ranges from 5 to 14 business days, but is not guaranteed, dependent on the shipper.
> The shipping fee indicated at the time of check-out is for Canadian destinations only. For destinations outside of North America, there is a $5.00 surcharge on the shipping fee indicated at the time of check-out (see price chart above for standard Canadian rates).
> ** Any duties, taxes, tariffs, and other additional costs incurred are the responsibility of the recipient, and are payable upon receipt of the goods.

TAXES
kissed baby charges sales tax according to the customer's shipping address, not the billing address.

NS 15% HST
ON, NB, NL
 13% HST
BC
 12% HST
All other Canadian provinces
 5% GST
Customers outside Canada
 No taxes

RETURN POLICY
If you have purchased a product from a retailer/distributor, please contact them about their specific return/exchange policy. In cases of a default in workmanship or material, your retailer/distributor will contact us to get you a full refund or suitable exchange.

If you have purchased directly from us on-line, we want you to be happy customers, and will work with you to the best of our ability to provide returns or exchanges.
> Within 30 days: If you're not satisfied with the sling for whatever reason, return it in good, re-sellable condition, and we will offer you a refund or exchange (minus the shipping costs).
> After 30 days: If your item is in good, re-sellable condition, we will offer you an on-line store credit in the amount of the order, minus shipping costs.

Conditions:
> Please contact us for a return merchandise authorization (RMA) number, within 30 days of receipt of your order. All returns MUST be accompanied by an RMA, or processing will be delayed.
> The customer is responsible for shipping fees on all exchanges or accepted returns on non-defective items.
> Refunds will be issued via the same method of payment. Credit cards will be credited immediately. Payments made by cash or cheque or money order will be refunded by company cheque (please allow up to 14 business days for cheque to arrive).
> ** Custom-made items (Optional Add-on Features, custom colours choices, custom embroidery, etc.) are not eligible for refunds or exchanges, except in cases of a defect in workmanship or material.**

Please check your merchandise immediately upon receipt for any obvious errors or defects.
If there has been damage due to the carrier's negligence, please report this within 2 days of receipt of the package, so that we can file a claim on your behalf.

WARRANTY
All kissed baby products are guaranteed against defects from workmanship or material, for a period of one year from purchase date. Full warranty information is included in the "Instructions and General Information" booklet that is provided with each sling. Additional warranties may be available through individual retailers and distributors.

EXERNAL LINKS
Links to other websites on this site are not under the control of kissed baby, and may contain computer viruses. kissed baby is not responsible for the content or nature of other sites linked from this site. It is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other web sites. You are responsible for information that you provide to these sites. We recommend that you review the privacy policy of any site that requests personal information. Our privacy policy does not cover the privacy practices of other linked sites.

kissed baby is a division of Word CureTM.