Terms & Conditions
Latest update: December 9th 2020
This website (hereinafter “Website” or “Site”) is operated by Kimboo Toys. (hereinafter “Kimboo”). On this Site, the terms “we”, “us” and “our” refer to Kimboo. Kimboo provides this Website, including all of the information, tools and other materials available to you, the user, therein, subject to your acceptance of all of the terms, conditions, policies and notices set out here.
By visiting our Website, you agree to be bound by the present terms (“Terms and Conditions”, “Terms”) including the additional terms, conditions and policies to which this document refers. These Terms apply to all users of this Site.
Please read these Terms carefully before accessing, using, or making a purchase on our Site. If you do not accept all of the Terms of this agreement, please do not access our Site.
All new features that will be added to this Website at a later date will also be subject to these Terms.
Online payments are made through PayPal, credit card and debit.
We accept returns within 30 days of the delivery. Returned products must be in their original condition. However, delivery costs will not be reimbursed (return shipping not included).
Our KIMBOO™ products are warranted to be free from defects in materials and workmanship when used under normal conditions for the purpose intended and with our recommendations, which are available here: User Guide. The guarantee is 180 days after the delivery. (return shipping not included).
We ship across Canada and the USA. We do not ship to the remote areas of Newfoundland and Labrador, Nunavut and PO boxes. We ship in less than 48 hrs (processing time), except pre-orders. We offer FREE standard shipping and expedited shipping (additional fee of 5$). Delivery times are approximate – delivery may take longer or shorter than indicated, especially in November and December (holiday period). We are not responsible for delays. We reserve the right to charge an additional fee for shipping to remote areas in Canada or USA. If for any reason (for instance: wrong address or incomplete address, missing buzzer number), the package is returned to us, you agree to pay the return delivery costs as well as the original delivery costs.
Cancellation of orders
Please note that certain orders may be canceled at our own discretion if the product is listed at an incorrect price or for any other reason. Orders for which a shipping label has been already created or orders that are already shipped out cannot be canceled.
Use of our Website and prohibited practices
You are prohibited from using our Site or the content found therein:
- For illegal purposes or to violate the laws of your jurisdiction;
- In order to impersonate another person or to submit false or misleading information;
- In order to compromise the security or the functionality of our Site;
- To collect or track the personal data of others;
- In a way that infringes our intellectual property rights or those of third parties.
We reserve the right, at our sole discretion, without notice, to terminate this agreement if we deem that you have been unable to comply with these Terms, if we deem your behavior on this Site to be unacceptable, or for any other reason.
Links to other websites
Our Site may contain links to other third-party websites or other services which are not owned nor controlled by Kimboo.
Kimboo has no control and assumes no responsibility for the content, practices or privacy policies of any other site or service owned by third parties. In addition, you agree that Kimboo will not be liable, directly or indirectly, for potential damage and / or loss in connection with the use of such content, products or services.
Copyright: We are either holders of the intellectual property rights on the content of our Website, including text in underlying HTML, text, videos, images (including the arrangement and layout of this site), or authorized by the holder of the intellectual property rights over this content to use the content on our Website. All of the images, videos, content and other elements that compose our Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, contracts and arrangements) hold all rights with respect to them. You must comply with all other notices or other restrictions on copyright found on our site. It is prohibited to reproduce, distribute or transmit the copyright-protected documents on our Website without first obtaining our permission. You may display on your computer, download or print a copy of the information from our Website for non-commercial purposes only.
Trademarks: All trademarks, service marks and logos included on our Website are property of Kimboo or third parties and you may not use them without the express, prior written consent of Kimboo or the applicable third party. Note that a trademark application has been filed for KIMBOO ™.
Changes to the present Terms
You can consult the most recent version of the Terms at any time on this page (the last update date will be mentioned at the beginning of the present Terms).
We reserve the right, at our own discretion, to modify or replace these terms at any time. Your continued use of our Site constitutes acceptance of these changes.
Limitation of Liability
KIMBOO ™ products
The use of KIMBOO ™ toys / products involves inherent risks which can cause serious bodily harm. You agree and consent to assume all risks and responsibilities arising from the use of KIMBOO ™ toys / products. Kimboo assumes no liability arising from the use of its products and specifically exonerates itself from liability arising from an accident. Please read our User Guide carefully before using any of our products. Adult supervision is required at all times. SAFETY FIRST!
We do not guarantee or claim that your use of our Website will be uninterrupted, rapid, secure or error-free.
We do not guarantee that the results that could be obtained through the use of the Website will be accurate or reliable.
You agree that from time to time we may delete the Website for indefinite periods of time or limit access to it without notifying you in advance.
You agree that your use of our Website is at your sole risk. We assume no responsibility for any loss or damage of any kind arising from the use of our Site or the content available therein. We do not guarantee the quality, accuracy or completeness of the statements or information found on our Site.
You use this Website and the content you choose to download at your own risk. Kimboo assumes no responsibility for costs related to data loss, damage caused to them, repair or replacement of property, material or equipment, or any other damage that results from your use or inability to use this Site or the documents and files therein.
You agree to indemnify, defend and protect Kimboo, our affiliates, subsidiaries, partners, officers, directors, employees and suppliers with respect to any claim and all costs, including reasonable attorneys’ fees, made by any third party arising from your violation of these Terms or your use of the Site.
These Terms, as well as any other separate agreement through which we provide you with our Website, will be governed by and interpreted under the laws in force in the province of Quebec, Canada, without giving effect to its principles of conflict of laws.
Any litigation or dispute between you and Kimboo will be submitted to the competent court in the judicial district of Montreal, exclusively.
You can send us your questions regarding the Terms to the following email address: firstname.lastname@example.org.
2405 rue des Harfangs
Saint-Laurent, Quebec, H4R 2S5, Canada