Terms & Conditions

Effective date: January 16, 2016

These Terms and Conditions ("Terms") govern your access to and use of https://babyandeve.ca/ (the "Site") and your purchase of products from Raw Cosmetics Inc., operating as Baby and Eve ("Baby and Eve", "we", "us", or "our"). By browsing the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase our products.

1. About Us

The Site is operated by Raw Cosmetics Inc., a corporation organized under the laws of Ontario, Canada, with offices at 4580 Eastgate Pkwy, Unit 3, Mississauga, ON L4W 4K4, Canada. You can contact us at info@babyandeve.ca.

2. Eligibility

To purchase from the Site you must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you are purchasing products for use on a child or other person, you represent that you are the parent, legal guardian, or otherwise authorized to make such purchases and to make decisions about the use of our products on that person.

3. Products and Intended Use

Our products are cosmetic and personal care products formulated for external use only on the skin. They are intended to support healthy skin and personal care routines. Our products are not drugs, medical devices, or treatments and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Always read the label, ingredient list, and directions before use. We strongly recommend a patch test before first use, especially on infants or anyone with sensitive skin. Discontinue use immediately and consult a qualified health care professional if irritation, redness, swelling, or any adverse reaction occurs. If you or your child has a known allergy, medical condition, or are taking medication, consult a physician or pediatrician before use.

The information presented on the Site, including descriptions of ingredients and benefits, is provided for general informational purposes only and is not a substitute for professional medical advice. Reliance on any information on the Site is solely at your own risk.

4. Product Information and Availability

We make every reasonable effort to present accurate descriptions, images, ingredient lists, and pricing on the Site. However, we do not warrant that all information is complete, accurate, current, or error-free. Colours and packaging shown on the Site may differ slightly from the actual product. We reserve the right to update, modify, or discontinue any product at any time without notice.

All products are offered subject to availability. We may limit the quantities of any product available for purchase and may refuse or cancel orders, including orders we believe are placed by resellers or for commercial purposes, without liability.

5. Pricing and Payment

All prices on the Site are in Canadian dollars (CAD) unless otherwise stated and are exclusive of applicable taxes and shipping charges, which will be calculated and displayed at checkout. We reserve the right to change prices at any time, but the price applicable to your order will be the price displayed at the time you submit your order.

If a product is listed at an incorrect price due to a typographical error, pricing system error, or supplier pricing change, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your payment processed. If your payment has already been charged for an incorrectly priced item, we will issue a full refund.

Payment is processed at the time of order placement through our payment processor. We accept the credit and debit cards displayed at checkout. By submitting payment information you represent that you are authorized to use the payment method and authorize us to charge the full amount of your order.

6. Order Acceptance

Your submission of an order constitutes an offer to purchase the products listed in the order. An order is not accepted until we send you a confirmation email indicating that the order has been processed and shipped. We reserve the right to refuse or cancel any order at our discretion, including for reasons of product unavailability, suspected fraud, errors in product or pricing information, or violation of these Terms. If we cancel an order after payment has been processed, we will issue a full refund to the original payment method.

7. Shipping and Delivery

We ship to addresses within Canada and the United States, with availability and rates as displayed at checkout. Estimated delivery times are estimates only and not guaranteed. Title and risk of loss for products pass to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, weather, or other circumstances outside our reasonable control. International orders may be subject to import duties, taxes, and customs fees that are the responsibility of the recipient.

8. Returns and Refunds

Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms by reference. Please review that policy for full details on eligibility, process, and timelines.

9. Account Registration

You may need to create an account to make a purchase or access certain features. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at info@babyandeve.ca if you suspect any unauthorized use.

10. User Content

If you submit reviews, photographs, comments, suggestions, or other content to the Site or share content tagging Baby and Eve on social media ("User Content"), you represent that the User Content is your own original work, does not infringe the rights of any third party, and does not contain content that is unlawful, defamatory, obscene, or harmful.

You grant Baby and Eve a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in connection with our marketing, advertising, and operation of the Site and our business across any media now known or later developed. If your User Content depicts a minor child, you represent that you are the parent or legal guardian of that child and consent to its use on their behalf. We are not obligated to use any User Content and may remove it at any time.

11. Intellectual Property

The Site and all of its content, including text, images, graphics, logos, product names, and the "Baby and Eve" trademark, are the property of Raw Cosmetics Inc. or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws. You may view and use the Site for personal, non-commercial purposes only. You may not copy, reproduce, republish, distribute, modify, sell, or create derivative works of any content on the Site without our prior written permission.

12. Prohibited Uses

You agree not to:

  • Use the Site or our products in any way that violates applicable law or regulation;
  • Resell or redistribute our products without our written authorization;
  • Attempt to gain unauthorized access to any portion of the Site, our systems, or other users' accounts;
  • Use any automated system, including bots, scrapers, or crawlers, to access the Site for any purpose other than indexing for public search engines;
  • Interfere with or disrupt the Site, including by introducing viruses, malware, or other harmful code;
  • Misrepresent your identity or affiliation with any person or entity.

13. Disclaimer of Warranties

The Site and our products are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Baby and Eve disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses, or that our products will meet your specific expectations or needs. Nothing in these Terms limits or excludes any warranty, condition, or right that cannot be lawfully limited or excluded under applicable consumer protection law.

14. Limitation of Liability

To the fullest extent permitted by law, Baby and Eve, its directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of the Site or our products, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or related to these Terms or your purchase of any product shall not exceed the greater of the amount you paid for the product giving rise to the claim or fifty Canadian dollars (CAD $50). This limitation does not apply to liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify and hold harmless Raw Cosmetics Inc., its directors, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms, your User Content, your use of our products in a manner not consistent with the product directions, or your violation of any law or third-party right.

16. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. By using the Site you consent to the practices described in the Privacy Policy.

17. Third-Party Links

The Site may contain links to third-party websites or resources that are not owned or controlled by Baby and Eve. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your interactions with third parties are solely between you and the third party.

18. Changes to These Terms and the Site

We may update these Terms from time to time at our discretion. The updated Terms will be posted on this page with a revised effective date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We may also modify, suspend, or discontinue any aspect of the Site at any time without notice.

19. Termination

We may suspend or terminate your access to the Site or your account at any time, without notice, if we believe you have violated these Terms or for any other reason. Sections of these Terms that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will survive.

20. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or your use of the Site or our products are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You and Baby and Eve agree to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any such dispute, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction. Nothing in this section limits any rights you may have under applicable consumer protection law in your province or territory of residence.

21. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Baby and Eve regarding your use of the Site and your purchase of our products and supersede all prior agreements and understandings on the subject.

22. Contact

If you have any questions about these Terms, please contact us at:

Raw Cosmetics Inc. (operating as Baby and Eve)
4580 Eastgate Pkwy, Unit 3
Mississauga, ON L4W 4K4
Canada
Email: info@babyandeve.ca