Terms & Conditions of Use

Terms of Use and Disclaimer

This agreement was last revised on May 4, 2022.

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1. INTRODUCTION

www.jubanou.com (“Website”) owned and operated by JUBANOU (“we”, “us” or “our”) welcomes you.

We offer you access to our product through our “Website” (defined below) subject to the following terms and conditions of this Agreement, which may be updated by us from time to time with or without notice to you. We strongly recommend that you review these Terms and Conditions. By accessing and using this website, you acknowledge that you have read, understand and agree to be legally bound by these Terms and Conditions and our Privacy Policy, which are incorporated by reference (collectively, this “Agreement”). If you do not agree with any of these terms, please do not use the Website..

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2. DEFINITIONS

  • “Agreement” refers to these Terms and Conditions and the Privacy Policy and other documents provided to you through the Website;

  • “Product” or “Item” refers to the product or products available for sale on the Website;

  • “Service” or “Services” refers to the services available on the Website (for example, placing an order or writing a customer review);

  • “User”, “You” and “your” refer to the person accessing or taking a service from us;

  • “Customer” refers to the user who accesses the website and makes payment for the purchase of products available on the website;

  • “We”, “us”, “our” are references to JUBANOU;

  • “Website” means and includes “https://www.jubanou.com, and any successor website or any of our affiliates;

  • “Customer Account” means an electronic account opened to the customer for the purchase of products offered on the Site.

3. INTERPRETATION

  • All references to the singular include the plural and vice versa and the word “includes” should be interpreted as “without limitation”.
  • Words importing any gender shall include all other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, reenactments or replacements now in effect.
  • All headings, boldface and italics (if any) have been inserted for reference purposes only and do not define any limitation or affect the meaning or interpretation of the terms of this Agreement.

4. INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Unless otherwise specified, these Terms do not apply to third party products or services, which are governed by their terms of use.
  • Eligibility: Certain services on the Website are not available to users under the age of 16 or to users who have been suspended or terminated by us for any reason.
  • Electronic Communication: When you use this website or send e-mails and other electronic communications to us from your desktop or mobile device, you are communicating with us electronically. By sending, you agree to receive a response from us electronically in the same format and you may retain copies of such communications for your records.

5. SERVICES

At jubanou.com, we offer a meticulously designed website that aims to provide high quality baby products at reasonable prices. With all of our products, we focus on quality by subjecting our products to rigorous quality checks before they reach you.

​6. SERVICE CHANGES

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes on its website. Your continued use of the Site following the posting of Changes will signify your acceptance and agreement to the Changes.

7. GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity or timeliness of the information we have listed.
  • We make material changes to these terms and conditions from time to time, and may notify you of such changes either by posting a prominent notice of such changes or by e-mail.
  • The Website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis solely for use in connection with the Service for your private, personal, non-commercial use, subject to all of the terms and conditions of this Agreement as they apply to the Service. Any violation of this Agreement will result in immediate revocation of the license granted in this paragraph without notice.
  • You may not reproduce, distribute, display, sell, rent, lease, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, decompile, or otherwise exploit this site or any portion thereof, except as expressly authorized by www.jubanou.com in writing.
  • You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business, except as expressly authorized by www.jubanou.com.
  • We reserve the right to make printing errors on this site and on final product sales. We do not guarantee that the images reflect the exact appearance of the products as some color difference may occur depending on the monitor, photo quality and resolution. We always do our best to display products as accurately as possible.

8. GEOGRAPHICAL RESTRICTION

We reserve the right to limit the use or provision of any service to any person, geographic area or jurisdiction. We may use this right when necessary. We reserve the right to suspend any Service at any time. Any offer to provide a service made on this website is invalid where prohibited.

9. USER’S RESPONSIBILITIES

  • You must use the Service and the Website for lawful purposes and comply with all applicable laws when using the Website;
  • You must not use or access the Website to collect market research for certain competing businesses;
  • You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper or any automated feature to access the website by any means without requesting permission.
    You will inform us of anything inappropriate or you may inform us if you find anything illegal;
  • You will not interfere or attempt to interfere with the proper working of the Website by using any virus, device, transmission mechanism, software or routine, or access or attempt to access any data, files or passwords connected to the Website by hacking, password or data mining, or any other means;
  • You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead www.jubanou.com or third parties as to the origin of any Submission or Content;
  • You warrant that your Submissions, in whole or in part, are clear and free of any intellectual property right infringement, disputes or third party claims;
  • You will report to us any inappropriate content that you become aware of. If you discover anything that violates any law, please notify us and we will investigate it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any Service, or any portion thereof, without notice, and to remove any Content.

10. EXCLUSION OF LIABILITY

We are not responsible for any consequential damages that may result from the product. www.jubanou.com is not responsible for delays in delivery for special occasions, or other events. We encourage customers to place their orders in advance to ensure that there is sufficient time to receive their items.

We are not responsible for delays/errors due to circumstances beyond our control (Force Majeure). Such circumstances may include, for example, labor disputes, fire, war, governmental decisions, supplier curtailment or non-delivery.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity or timeliness of any information listed by us or any third party; and (b) will not be responsible for any material published by us or any third party. You should use your judgment, caution and common sense in evaluating any forward-looking method or offer and any information provided by us or any third party.

In addition, we will not be liable for any direct, indirect or any other form of loss or damage that may be suffered by any user as a result of using the www.jubanou.com website, including loss of data or information or any type of financial investment. or physical loss or damage.

In no event shall JUBANOU, nor its owner, directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or exemplary damages, including, without limitation, loss of revenue, goodwill or other intangible losses, arising out of (i) your use of or access to, or failure to access or use the Service (ii) any conduct or content of any third party on the Service; and (iii) the unlawful access, use or modification of your transmissions or content, whether or not based on warranty, agreement, domestic tort (including negligence) or any other lawful concept, whether or not we have knowledge of the possibility of such damage.

TYPOGRAPHICAL ERRORS

Although jubanou.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. www.jubanou.com can only confirm the price of an item after you place your order. If an item is listed at an incorrect price or with incorrect information due to a pricing or product information error, www.jubanou.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is mispriced, www.jubanou.com may, at our discretion, contact you with instructions or cancel your order and notify you of such cancellation.

11. NO RESPONSIBILITY

We are not responsible to you for:

  • any loss you suffer because the information you provide on our website is inaccurate or incomplete; or
  • any loss you suffer because you are unable to use our website at any time; or
  • any errors or omissions in our website; or
  • any unauthorized access or loss of personal information beyond our control.

12. THIRD PARTY LINKS

The Website may include links to external or third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content of such External Sites. The content of these External Sites is created and used by others. You may contact the site administrator for these external sites. We are not responsible for the content provided in the link to any external site and make no representations about the content or accuracy of information on such external sites. You should take security measures when downloading files from all such websites to protect your computer from viruses and other critical programs. If you agree to access linked external sites, you do so at your own risk.

13. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this website, you authorize us to use, store or process your personal information in accordance with our privacy policy.

14. ERRORS, INACCURACIES AND OMISSIONS

Every effort has been made to ensure that the information provided on this website is accurate and free of errors. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that the use of the website will be error-free or fit for purpose, in a timely manner, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or signify the full functionality, accuracy, reliability of the website and we make no warranties, express or implied, regarding fitness of purpose or accuracy.

15. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

The Website and the Service are provided on an “as is” and “as available” basis without warranty of any kind, including that the Website will operate without error or that the Website, its servers, content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-infringement of third party rights, and fitness for a particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade. With respect to any warranty, contract or common law claim in tort: (i) we will not be liable for any unintentional, incidental or consequential damages, lost profits or damages resulting from loss of data or business interruption arising out of the use of, or the inability to access and use, the website or the content, even if we have been advised of the possibility of such damages.

The website may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable law, we are not responsible for any such typographical, technical or pricing errors on the website. The Website may contain information about certain services, not all of which are available everywhere. A reference to a service on the Websites does not suggest that such service is or will be available in your area. We reserve the right to make changes, corrections and/or improvements to the website at any time without notice.

16. COPYRIGHT AND TRADEMARK

The website contains material such as software, text, graphics, images, designs, sound recordings, audio-visual works and other materials provided by or on behalf of us (collectively, the “Content”). The Content may be owned by us or by third parties. Unauthorized use of the Content may violate copyright, trademark and other laws. You have no rights in or to the Content, and you will accept the Content only as permitted by this Agreement. No other use is permitted without our prior written consent. You must remember all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, license, sublicense, sell or modify the Content or reproduce, display, publicly perform, create a derivative version of, distribute or otherwise use the Content for any public or commercial purpose. The use or publication of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you breach any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy all copies you have made of the Content.

Our trademarks, service marks and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other product and service names appearing on the Website may be trademarks or service marks owned by others (“Third Party Trademarks” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific to each use. No Content may be retransmitted without our express written consent in each instance.

17. INDEMNIFICATION

You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and assigns harmless from any claim, action or demand, including without limitation reasonable legal and accounting fees, arising out of or resulting from your breach of this Agreement or your misuse of the Content or the Website. We will notify you of any such claim, suit or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this section. In such event, you agree to cooperate with any reasonable request to assist in our defense of such matter.

18. VARIOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect.

TERMINATION

Term: The Services provided to you may be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party as a result of such termination. Termination of these Terms will terminate all of your subscriptions to the Services.

Effect of Termination: Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) we will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro rata or otherwise; (c) all fees owed by you to us will become immediately due and payable in full; and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein.

GOVERNING LAW AND JUDICIAL REMEDY

These terms of use and general conditions shall be governed by and construed in accordance with the laws of Quebec, Canada. In the event of a dispute and in the absence of an amicable agreement, you irrevocably submit to the exclusive jurisdiction of the courts in that province or location.

FORCE MAJEURE

We will have no liability to you, your users or any third party for any failure to perform our obligations under these Terms if such failure results from the occurrence of any event beyond our reasonable control, including, without limitation, an act of war or terrorism, natural disaster, power failure, riot, civil disturbance or unrest, or any other force majeure event.

ARBITRATION

For any claim arising between you and www.jubanou.com (excluding claims for injunctive or other equitable relief), the party seeking relief may elect to resolve the dispute in a cost-effective manner through binding, non-appearance arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties shall comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or shall be based solely on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses, unless the parties agree otherwise, and (c) if an arbitrator makes an award, the party receiving the award may enter judgment on the award in any court of competent jurisdiction. ASSIGNMENT We shall have the right to assign/transfer this Agreement to any third party, including our holding company, subsidiaries, affiliates, partners and group companies, without the consent of the user.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at Jubanou.kids@gmail.com.

DISCLAIMER

This disclaimer is part of and should be read in conjunction with the Website Terms and Conditions. We have the right to change this disclaimer at any time.

The information contained on this website is for general information purposes only. The information is provided by http://www.jubanou.com (“JUBANOU” or “we”).

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity or timeliness of any information listed by us or any third party; and (b) will not be responsible for any material published by us or any third party. You should use your judgment, caution and common sense in evaluating any forward-looking method or offer and any information provided by us or any third party.

In addition, we will not be liable for any direct, indirect or any other form of loss or damage that may be suffered by any user as a result of using the www.jubanou.com website, including loss of data or information or any type of financial investment. or physical loss or damage.

General:

The Website, its content and service are provided on an “as is” and “as available” basis without warranty of any kind, including that the Website will operate without error or that the Website, its servers, content or service are free of computer viruses or similar contamination or destructive features.

While we seek to maintain safe, secure, accurate and functional services, we cannot guarantee the continued operation of or access to our services, and there may occasionally be inadvertent technical or factual errors or inaccuracies.

No Warranties:

We specifically disclaim (but without limitation):

  • Any implied warranty of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; and
  • Any warranty arising from course of dealing, use or trade. You assume all risk of damage that may result from your use of or access to the Services. We will not be liable for any loss, damage or unavailability of information you make available through the Services, and you are solely responsible for ensuring that you have backup copies of all information you make available through the Services.
  • No Guarantee of Accuracy. We do not guarantee the accuracy of, and disclaim any liability for, any errors or other inaccuracies in the information, content, recommendations and materials made available through the Services.
  • No Warranties to Third Parties. We make no representations, warranties or guarantees, express or implied, with respect to any third party services or advice provided by any third party. Every effort is made to keep the website operational. However, JUBANOU takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If you need more information or have any questions about our website disclaimer, please feel free to contact us by email at services@jubanou.com