Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE WEBSITE CONSISTUTES YOUR AGREEMENT TO THESE TERMS OF USE (THE “TERMS AND CONDITIONS”).

Welcome to the website of cuddle+kind (including any of its subsidiaries or corporate affiliates, collectively, “cuddle+kind,” “we”, “us” or “the Company”). Any person accessing or using the website and any associated webpages (collectively, the “Website”) is referred to as “you.” Your use of the website constitutes your unconditional agreement to be bound by these terms. If you do not agree to be bound by these terms, you may not access or otherwise use the website. From time to time, cuddle+kind reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise and/or otherwise change any portion of these terms, in whole or in part, at any time. This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Site or its Content other than for personal and non-commercial purposes is prohibited.

 

Privacy

Please take a moment to review our Privacy Policy, which describes the collection and use of information on the Website.

 

Terms of Sale

By placing an order with us, you are offering to purchase a product and/or service, representing that you are at least the age of majority in your country of residence or jurisdiction, representing that all information you provide to us in connection with such order is true and accurate, and representing that you are an authorized user of the payment method provided. If you are under the age of majority in the jurisdiction in which you reside or access this Website, your parent or guardian should use this Website on your behalf. You should not use the Website on your own or provide any personal information to cuddle+kind. We do not knowingly collect information from children under the age of 13.

 

Product + pricing information

All prices and products listed are subject to change.  The pricing information on the Website may contain errors. We are not bound by our offer or any prices on the Website and therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.

Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with your order.

The images of our products on our Website are for illustrative purposes only. Although we have made every effort to display the colors and designs accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the actual colors of the product(s). Each doll is handcrafted and unique. Your dolls may have subtle shape and colour difference from the pictures listed.

All International customer pricing is in USD, and may be subject to customs and taxes. Each country has different regulations regarding this and cuddle+kind is not responsible for this cost. Customer is responsible to inquire with local customs office for more information.

For Canadian orders shipping within Canada, pricing is available in Canadian currency. To order in Canadian currency the Canadian website must be selected (signified by the Canadian flag in the top or bottom corner).

 

Shipping, delivery, returns + exchanges.

We offer free shipping in the US and Canada over $85.

US orders will ship via USPS or UPS with an average delivery time of 4 – 7 days from the ship date. Canadian orders will ship from our Canadian warehouse via Canada Post Expedited Parcels with a delivery time of 4 – 7 days from the ship date.

We ship worldwide! We offer all orders outside the continental USA and Canada a subsidized $20 shipping fee. Shipping times will vary per location.

All orders will receive an email confirmation that includes tracking information when the package ships.

 

Location: Charge

Regular Continental US + Canada under $85: $7

Regular Continental US + Canada over $85: Free

Expedited Continental US + Canada 2-3 day: $25

International (not available from Canada): $20

 

Returns + Exchanges

We hope you love your cuddle+kind purchase! However, if there are any issues with your purchase, we will accept returns or exchanges within 30 days of delivery. All items must be in original condition, with original packaging and accompanied by the original receipt. Please note that shipping and handling charges are not refundable.

To request a refund please email hello@cuddleandkind.com with your order number and product description. You will receive an email confirmation and instructions.

Ship your package using a carrier of your choice and keep the tracking details for your records. You will receive an email once your return has been processed. Please allow 7 business days from the time we receive your return for it to be processed.

 

Recall

You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.

 

Intellectual property rights: content

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, User-Generated Content (as defined below), and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of Canada and other jurisdictions, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by cuddle+kind. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

Except as may be expressly permitted by cuddle+kind, you may not use, reproduce, copy, publish, transmit, distribute, display, post, modify, perform, download, license, lease, translate, create derivative works of, reverse engineer, disassemble, decompile, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software.

You are hereby granted a non-exclusive, non-transferable, limited and revocable license to view the Content on the Website, but only while accessing the Website. No right, title or interest in or to any downloaded materials or software is transferred to you as a result of any such downloading or copying. All rights not expressly granted in these Terms and Conditions are reserved to cuddle+kind.

 

User-Generated Content

“User-Generated Content” means messages (including email), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including, but not limited to, feedback, suggestions, reviews, questions or other material or content regarding our products, marketing, business and customer service.

cuddle+kind reserves the right to use the User-Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. We are under no obligation to offer you any payment or compensation for User-Generated Content, to respond to any User-Generated Content, or to attribute authorship of User-Generated Content to you.

 

User submissions

cuddle+kind  welcomes your feedback regarding our products, marketing strategies, business and customer service. Feel free to contact us with your valuable feedback.

Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of cuddle+kind. You agree that cuddle+kind or any of its affiliates, in whole or in part, may use any submissions, for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that cuddle+kind  is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them.

 

Disclaimer of warranties: limitation of liability

By using the Website, you expressly agree that: The Website is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, privacy, security and non-infringement. We do not make any warranty that (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure or error free; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) any errors in the Website will be corrected. Your use of the Website is at your sole risk. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Website. The Company must approve any additional warranties in writing. You agree not to hold us or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: your inability to access your registration data at any time; your use or inability to use the Website; unauthorized access to or alteration of your transmissions or data; or the acts of any third party related to the Website. Depending on the applicable jurisdiction, some of the limitations contained in this section may not apply to you.

 

Indemnification

You agree to defend, indemnify and hold harmless cuddle+kind, our officers, directors, employees, agents, designees and representatives  from and against any and all claims, damages, losses, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of: your acts or omissions in connection with the Website; your breach of any provision of this Agreement; any allegation that any materials that you submit to us, transmit to the Website or transmit through the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your violation of the rights of any third party. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CUDDLE+KIND BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF CUDDLE+KIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Promotions

Any and all offers or promotions advertised on this Website are void where prohibited and are subject to any posted official rules applicable to such offers or promotions.

 

Consent regarding electronic documents

By using this Website you consent to the exchange of information and documents between you and cuddle+kind over the Internet or by email, and you agree that these Terms and Conditions, together with any related order transaction documents accepted by cuddle+kind in electronic form shall be the equivalent of an original written paper agreement between you and cudle+kind. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.

 

Miscellaneous

If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire agreement between you and us relating to the Website and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.