These ("Terms & Conditions") govern your membership on and use of the website AlaBabic.com (the "Alababic Site" or the "Site") and your purchases and use of products available through the Site. The Site is operated by Alababic and/or its subsidiaries and affiliates (collectively, "Alababic").
Your use of the Site constitutes your agreement to follow and be bound by the Terms & Conditions. We reserve the right to update or modify the Terms & Conditions at any time without prior notice. For this reason, we encourage you to review the Terms & Conditions whenever you the Site. If you do not agree to these terms, please do not use the Site.
By establishing membership on the Site or purchasing or using products through the Site, you acknowledge and agree as follows:
You represent that you are legal age to form a binding contract, and not a person barred from entering into contracts under your local jurisdiction.
You shall establish and use your membership on the Site, and purchase and use the products available through the Alababic Site, in strict compliance with these Terms & Conditions and all applicable laws, rules and regulations (collectively, "Laws"). All calls, emails and other communications between you and Alababic may be recorded.
2. Alababic membership
Establishing a Membership
You may establish a membership on the Site. Enrollment requires you to (1) indicate agreement to these Terms & Conditions, (2) provide contact information and identification details, and (3) submit any other form of authentication as required by Alababic as part of the enrollment process. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
Use of Membership
You shall not use your Alababic membership for any fraudulent or improper purpose or any purpose that is competitive to Alababic. You shall notify Alababic immediately by emailing firstname.lastname@example.org of any unauthorized use of your Alababic membership or the Alababic Site known to you. Alababic reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Alababic neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Alababic . Termination of your access or use will not waive or affect any other right or relief to which Alababic may be entitled.
Alababic may terminate your membership and refuse any and all current or future use of the Site (a) in order to comply with applicable Law, (b) if you provide any information that Alababic determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Alababic determines, in its sole discretion, that you are using your Alababic membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as Alababic deems appropriate in its sole discretion.
Alababic may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Alababic deems appropriate in its sole discretion. Alababic also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Alababic will either not charge you or refund the charges for orders that we do not process or cancel.
Alababic accepts returns on certain merchandise on a case-by-case basis. For Alababic’s Return Policy, which may change from time to time, please see Product Return and Exchange Policy
Alababic Store Credit can be used as an easy way to pay for products displayed on the Site, Store Credits are only valid for 12 months from the date of issuance.
Alababic attempts to provide accurate descriptions of products on the Site. Alababic does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Alababic Site is not as described, your sole remedy is to return the item, as specified in the Return Policy.
Alababic strives to provide accurate pricing information regarding the products and services available on the Alababic Site. We cannot, however, insure against pricing errors. Alababic reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Alababic will notify you by email. In addition, Alababic reserves the right, at its sole discretion, to correct any error in the stated full retail price.
The Alababic Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Alababic cannot guarantee that an item listed as available will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product may be available when a customer places the order, and sold out by the time Alababic attempts to process the order. Should this happen, Alababic will notify you by email.
Shipping and Tax
Shipping and taxes will be calculated based on the country and method of delivery and indicated at the time of checkout.
License and Site Access
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Alababic , its licensors or its content providers, and is protected by copyright, trademark and other applicable Belgian and foreign laws.
Alababic grants you a limited license to access and make personal use of this Site. Alababic or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Alababic’s sole discretion.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Alababic.
Content You Submit Through the Site
You represent that all of the information, data and other materials you provide on this Site or to Alababic through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site may require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
Except as otherwise expressly provided in these Terms & Conditions, or required by applicable law, Alababic makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Alababic membership, any content on the Site, or any products purchased through the Alababic site, as well as warranties implied from a course of performance or course of dealing.
Your use of this Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Alababic disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Site shall create any warranty of any kind.
LIMITATION OF LIABILITY
The providers whose products are available on the Alababic Site are independent contractors and not agents or employees of Alababic. Alababic is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of the Alababic membership, communications with third parties, and purchase and use of the products and services available through the Alababic Site. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. you acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Alababic nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your Alababic membership, any termination or cancelation of your membership; (d) any products or services made available or purchased through the Alababic site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site
You agree to defend, indemnify and hold Alababic harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions.
When you use the Site or send emails to Alababic, you are communicating with Alababic electronically. You consent to receive electronically any communications related to your use of this Site. Alababic will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Alababic intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Alababic Site.
These Terms & Conditions constitute the entire agreement of between you and Alababic regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms & Conditions.
If any provision of these Terms & Conditions enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
The failure of Alababic to act with respect to a breach of these Terms & Conditions by you or others does not waive Alababic’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
12. Dispute resolution
Mindful of the high cost of litigation, both you and Alababic agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Terms & Conditions or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
Alababic - Toronto, Canada
Both you and Alababic agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
13. Applicable law
These Terms & Conditions and the relationship between you and Alababic will be governed by the laws of Ontario, Canada.
Effective June 01, 2016