Terms – cuddle+kind

Terms

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.

Limitations 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.

Giveaway Terms

“SMS Join” Collection Giveaway  Official Rules

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. 

SPONSOR/ADMINISTRATOR: The Giveaway is sponsored and administrated by cuddle + kind, 5401 Eglinton Ave W, unit 210 Etobicoke, ON M9C 5K6 Canada (the “Sponsor”). 

ELIGIBILITY:The Sweepstakes is open to residents of the United States of America who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below). Void where prohibited or restricted by law.

AGREEMENT TO OFFICIAL RULES:By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway. Winning the Giveaway (as described below) is contingent upon fulfilling all requirements set forth herein. 

HOW TO ENTER THE GIVEAWAY: The Giveaway begins at 12:00:01 a.m. Eastern Time (“PT”) on November 19th 2019 and ends on November 28th 2019 at 11:59:59(“Giveaway Period”). The Sponsor’s database computer is the official time-keeping device for the Giveaway. Eligible Entrants can enter the Giveaway by visiting https://www.cuddleandkind.com (the “Website”). At the Website, Entrants will receive a pop-up notification regarding the cuddle+kind SMS program. Entrants will receive one (1) Giveaway entry by following the instructions of the pop-up to join the cuddle+kind SMS program by providing their email and mobile number. Limit one (1) entry per Entrant. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Giveaway. All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https:// https://cuddleandkind.com/pages/privacy

GENERAL CONDITIONS:If for any reason the operation or administration of this Giveaway is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway in whole or in part, at any time, without notice and award the Giveaway (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Giveaway or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. 

RELEASE AND LIMITATIONS OF LIABILITY:By participating in the Giveaway, Entrants agree to release and hold harmless cuddle+kind( the Released Parties) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Giveaway; (iii) printing errors; (iv) errors in the administration of the Giveaway or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. 

DRAWING AND NOTIFICATION:The potential Winner will be selected in a random drawing from among all eligible entries received. The Giveaway drawing will be conducted by the Sponsor, whose decisions are final and binding. The Giveaway drawing will be conducted on the next business day after the Giveaway ends. The potential Winner will be contacted by the Sponsor via text message or email with directions for the potential Winner. NOTE: IF THE SELECTED WINNER IS NO LONGER OPTED INTO THE CUDDLE + KIND SMS PROGRAM AT THE TIME OF SELECTION/NOTIFICATION, THEY WILL BE DISQUALIFED AND AN ALTERNATE WINNER WILL BE SELECTED. Odds of winning the Giveaway will depend on the total number of eligible entries received throughout the Giveaway Period. 

Give away collection prize :There will be one (1) Collection Giveaway of 34 dolls (limited to 1 of each doll, winner to select size).The Giveaway winner (“Winner”), upon the Sponsors’ confirmation of eligibility, will receive an email from cuddle+kind to choose their size selection, and cuddle+kind will ship the Giveaway collection to one address in the USA or CANADA. All other expenses associated with Collection Giveaway acceptance or usage not specifically mentioned herein is the responsibility of the Winner. NOTE: Substitution, assignment or transfer of the Collection Giveaway is not permitted, except by Sponsor.  

CONDITIONS: By accepting the Collection Giveaway, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Giveaway or receipt of the Collection Giveaway. The potential Collection Giveaway Winner will be notified by text, and must respond within five days.The Collection Giveaway Winner is responsible for all local, state, and federal taxes associated with the receipt of the Collection Giveaway. The Winner is solely responsible for all matters relating to the Collection Giveaway after it is awarded. If a Collection Giveaway  notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached via text message or does not respond as instructed within days (5) days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected. 

By accepting the Collection Giveaway , where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture or video, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. 

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS GIVEAWAY OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. 

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Giveaway or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Collection Giveaway. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. 

DISPUTES:By entering the Giveaway, Entrants agree that i) Any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any Prize awarded, shall be resolved individually, without resort to any form of class action; ii) Any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering the Giveaway but in no event attorney fees and iii) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Giveaway shall be governed by, and construed in accordance with United States law.

SEVERABILITY:The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein. 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Giveway and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by the Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, and Entrant.