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TERMS & CONDITIONS OF USE

Please read the following carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Please note that our shipping and return policies are included.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MASHALA BABY ORGANICS™. The collective work includes works that are licensed to MASHALA BABY ORGANICS™. Copyright 2003, MASHALA BABY ORGANICS™ ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MASHALA BABY ORGANICS™ or purchasing MASHALA BABY ORGANICS™ products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MASHALA BABY ORGANICS™ or to purchase MASHALA BABY ORGANICS™ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MASHALA BABY ORGANICS™. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
 
Trademarks
All trademarks, service marks and trade names of MASHALA BABY ORGANICS™ used in the site are trademarks or registered trademarks of MASHALA BABY ORGANICS™
 
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MASHALA BABY ORGANICS™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MASHALA BABY ORGANICS™ does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. MASHALA BABY ORGANICS™ does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
MASHALA BABY ORGANICS™ shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MASHALA BABY ORGANICS™ has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a MASHALA BABY ORGANICS™ product is mistakenly listed at an incorrect price, MASHALA BABY ORGANICS™ reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MASHALA BABY ORGANICS™ reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MASHALA BABY ORGANICS™ shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MASHALA BABY ORGANICS™ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
MASHALA BABY ORGANICS™ may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MASHALA BABY ORGANICS™.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of British Columubia, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MASHALA BABY ORGANICS™ products) shall be in the province or federal courts located in British Columbia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MASHALA BABY ORGANICS™ products) must be commenced within one (1) year after the claim or cause of action arises. MASHALA BABY ORGANICS™'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MASHALA BABY ORGANICS™ may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MASHALA BABY ORGANICS™ or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
MASHALA BABY ORGANICS™ does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MASHALA BABY ORGANICS™ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MASHALA BABY ORGANICS™ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MASHALA BABY ORGANICS™ in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless MASHALA BABY ORGANICS™, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, MASHALA BABY ORGANICS™ may link to sites operated by third parties. However, even if the third party is affiliated with MASHALA BABY ORGANICS™, MASHALA BABY ORGANICS™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MASHALA BABY ORGANICS™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MASHALA BABY ORGANICS™ seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
 
Placing Your Order
MASHALA BABY ORGANICS™ is an online-store. We expedite order processing time and keep our prices affordable by automating our order processes (online shopping cart). We cannot make any changes to an order once it is finalized and in process.  Please check your order carefully before you finalize it.

If you changed your mind about an order after the order is processed, please refer to our Return Policy (bottom/below).

Shipping Policy
MASHALA BABY ORGANICS™ relies on the online shipping systems of Canada Post and UPS to generate the most accurate shipping estimate possible during your online checkout. You have the option of choosing the rate, shipping carrier and mode of delivery according to your needs and preferences.
 
You will not pay for shipping, however, if you select "Free shipping with Mashala Baby Organics" during online checkout. In this case, your order will be delivered Ground/Standard via Canada Post.

International customers are responsible for any and all customs duties, taxes and brokerage fees that the package(s) may incur. U.S. customers are free from brokerage fees if their order is valued under $200 U.S. The shipping address must match the billing address for international orders

Processing Time
Orders placed online are generally shipped from our location (Mission, British Columbia) within 24-48 hours of placing the online order.
 
British Columbia Residents
We must charge the 7% sales tax (PST) to British Columbia residents and businesses.
 
Large Shipments
For unusually large orders, we reserve the right to ship your delivery by trucking service. We will notify you in advance of all applicable costs, including lift gate service and pallet charges.
 
Additional Charges
The customer is responsible for any additional fees charged by UPS for address corrections. UPS charges this fee when packages are missing suite numbers, contain typos including zip code errors, or contain any other incorrect information that is missing or inaccurately supplied by the customer within the "Ship To" area of our order form. UPS also charges for address changes such as dropping off your package at any address other than the one provided in the "Ship To" area of the order form. The UPS address correction fee is $5 U.S. per box. We reserve the right to charge for these fees as soon as we are notified of them.
 
Return Policy
Your satisfaction is very important to us. If you are not 100% satisfied with your order, ship it back to us within 30 days for a full refund. Products must be in thier original packaging and unopened. Shipping charges remain the responsibility of the customer. Please allow for normal bank processing time for your refund to appear on your statement(s).
 
If you ordered a product in error : Notify us immediately. Once you have received the product, please ship it back within 30 days (shipping at customer expense) for a product refund. Please include, your name and order number and we will credit your purchase account the price paid for item/s and all related taxes. The product(s) must be unopened and undamaged upon return. Please allow for normal bank processing time for your refund to appear on your statement(s).

In the event that we make an error, we will of course gladly authorize the return of incorrect or defective merchandise and pay for the return shipping costs. You agree to carefully inspect all products upon arrival and report any problems or need for replacement within 72 hours of arrival.

Damage Claims: Please inspect packages upon arrival. You must report any damages, missing items or missing boxes to both UPS or Canada Post and MASHALA BABY ORGANICS™ within 3 days of receiving your order. We also cannot replace missing items unless they are reported within 3 days of the receipt of your order.
 
Unauthorized returns: To ensure the purity of our products, we do not accept returns on opened or used MASHALA BABY ORGANICS products.
 
Product Quality
Most of our products such as oils, essential oils, herbs, natural unvarnished wood and organic undyed cotton come from natural sources. They are subject to a normal range of variations in colour, texture, odour etc. These variations can be due to seasonal changes such as temperature, rainfall, sunlight and other variables. These differences from batch to batch are normal and are not regarded as defects in the product quality.