PARTIES

The website www.kidorca.com (the “Website”) is a site operated by KidORCA International Corp. (the “Seller”), whose registered address is at 3782 Lonsdale Ave., North Vancouver, BC, Canada, V7N3K6.

KidORCA reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site and shall apply to all use of the Site and all acts or omissions occurring after the effective date of the revised Site Terms.

Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, your license to use the Sites will terminate and any further use will be unauthorized, so you must stop using the Site.

The Buyer is the person stated as Buyer in the Order (the “Buyer”). The Seller supplies the products (“Products”) listed on the Website. These conditions of sale constitute, together with the Order and the Order Confirmation, the total contractual basis for the purchase (the “Agreement”).

PRICES

The prices referred to in the Website do not include all applicable taxes.
Information about the total amount to be paid by the Buyer, including delivery costs, and the purchase specification of each element of the total price, is given in the order (“Order”) before payment is made. All prices, fees, charges and costs are listed in Canadian dollars.

Online prices, offers and selection may vary from retail stores that carry KidORCA products and are subject to change.

ENTERING INTO THE AGREEMENT

The Seller will acknowledge receipt of the Order electronically. All Orders are subject to acceptance by the Seller. As the acknowledgement of receipt is not acceptance of the Order, the Seller will confirm such acceptance to the Buyer by sending an e-mail that confirms that the Product has been despatched (the “Order Confirmation”). The Buyer shall review the Order Confirmation for any non-compliance with the Order both in terms of numbers, type of Product, price etc. Any discrepancy between the Order and the Order Confirmation shall be reported to the Seller as soon as reasonably possible by clicking the contact us button. To the extent permitted by law, the Seller cannot be held liable for and is not bound by writing or typing errors occurring in the communication with the Buyer. Where the Product is out of stock, the Seller may offer the Buyer information about alternative Products.

The Seller reserves the right to cancel Orders made by Buyers acting in the course of trade.

All sales from the Site are sold by KidORCA International Corp. The following terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from KidORCA, except to the extent that you have entered into a separate written agreement with KidORCA that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in KidORCA’s sole discretion. By placing an order for products through the Site, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and KidORCA, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.

YOUR ACCOUNT

When you purchase from KidORCA, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.

Personal Data

KidORCA privacy policy and additional provisions in these Sales Terms govern the use of your personal data. Purchasing of goods in the Online Store requires that you accept the KidORCA Privacy Policy.

PAYMENT

The Seller accepts payment with PayPal. The Seller will not charge the Buyer’s debit or credit card until the Product has been dispatched. The Seller may decline the Buyer’s Order if the payment through the Buyer’s debit or credit card is declined.

DELIVERY TERMS

We endeavor to process all orders for in stock items within 2 business day. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Standard shipping is typically via Canada Post and you should allow 3-12 business days (depending for standard delivery once an order has been shipped). We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please contact us directly.

All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order.

Orders to the U.S. may be subject to import taxes, customs duties and fees levied by the U.S. Customs. The recipient may be subject to such Import Fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

All orders are shipped FOB Shipping Point. Title to products passes from KidORCA to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

THE RISK FOR THE PRODUCT

Ownership of the Product will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Product. If the time of delivery has arrived and the Buyer fails to have the Product delivered to him after the Product is made available to the Buyer, the Buyer will be responsible for any loss of or damage to the Product.

RETURN AND EXCHANGE OF NON-DEFECTIVE PRODUCT

Any product purchased from KidORCA’s Website may be returned for a refund of the cost of the product, excluding any shipping charges, or exchanged, if returned unused with all original packaging and proof of purchase within 30 days from the delivery date.

Please ensure the following criteria are understood prior to returning your merchandise:

• All merchandise must be in its original condition (unwashed, unworn, and with tags attached)
• All merchandise must be in its original shoebox (undamaged)
• The proof of purchase must be provided (your order number or a copy of the receipt)
• Returns are not prepaid, the customer is responsible for return shipping
• All sale items are FINAL SALE (no returns or exchanges will be accepted)

If your return does not meet the criteria above, KidORCA reserves the right to deny the return.

DELIVERY COSTS

1. If the Buyer is returning products for exchange or return, the Buyer is responsible for the cost of returning them to the Seller’s warehouse.
2. The Seller will not refund the original delivery charge in the case of exchanges or returns.
3. To exchange an item(s) the Buyer wish to return, the Buyer must complete the Return Form on the Seller’s Website, mail the item(s) back to the Seller and simply place a new order for the desired item(s). Please note that the Buyer will be liable for the delivery costs incurred by the Seller in sending any products as exchanges.
4. In the case of returns, the Buyer will only be refunded the value of the products ordered.
5. The Seller will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of the Seller’s error or the products are faulty.

PRODUCT NOT IN ACCORDANCE WITH ORDER, DEFECTIVE OR DAMAGED ON DELIVERY

When the Buyer receives the Product, he/she should examine whether or not the Product is in accordance with the Order and whether the Product has been damaged during transport or whether the Product suffers from defects. If the Product is not in accordance with the Order, has been damaged during transport or suffers from defects, the Buyer must give notice to the Seller. The Seller will refund or replace Products which are damaged, defective or not in accordance with the Order on delivery.

If at any time after delivery the Product is found to be defective, the Buyer must, within reasonable time after the Buyer became aware of the defect, send a notice to the Seller of the defect. This must be done no later than one month from when the defect was discovered by the Buyer. Any notices of default and notices of claims must be made in writing by clicking the contact us button.

WARRANTY POLICY

KidORCA wellington boots purchased from this Website are covered by twelve (12) month warranty against materials and workmanship. Material refers to toggle system, fabrics and rubber. Workmanship refers to seams, seam tape and construction. KidORCA rain boots are hand crafted, using a combination of modern technology and traditional craft techniques. We use natural product, tapped from rubber trees in tropical plantations. For this reason, each KidORCA rain boot is unique and may show tiny imperfections in appearance. These in no way affect the performance or durability of the boot. Please note, damage due to reasonable wear and tear such as rips, tears, abrasion or UV degradation, misuse or neglect is not covered under our warranty policy.

Items deemed defective and therefore covered under manufacture’s defect warranty will be replaced at no cost to the Buyer.

If the product you return is found to be covered by this warranty and you are able to provide the original proof of purchase, KidORCA may issue a refund to you for the purchase price you originally paid or, at KidORCA’s discretion, offer an exchange up to the value of the original order. All exchanges are at KidORCA’s discretion and subject to availability of suitable replacement stock.

What IS Covered Under Manufacturer’s Defect Warranty:

• Seams not properly sealed
• Leaking at seams after first use
• Waterproof items not keeping water out after first use
• Missing parts

What is NOT Covered Under Manufacturer’s Defect Warranty:

• Damages due to the products normal wear and tear
• Improper fitting/sizing
• Damages due to improper use of the products and poor maintenance
• Damages due to non-observance of the instructions or restrictions for use of the products
• Damages due to non-observance of the instructions for maintenance
• Damages due to modification of the products
• Damages due to any impact caused by sharp items, due to torsion, compression, a fall, an abnormal impact or other actions that cannot be under KidORCA’s reasonable control.

The present warranty is not enforceable if:

• The Product is not returned in its original packaging.
• The Product has been modified or repaired by any person or entity other than KidORCA or an authorized KidORCA retailer.

Occasionally white marks may appear on your boots. This is not a defect, but a release of natural protective wax that can be easily wiped clean with a damp cloth.

It is essential for both hygiene and for a thorough assessment that faulty items are returned to us in a clean, dry and presentable fashion.

Please select a guaranteed delivery service that provides parcel tracking information, insurance and proof of delivery. KidORCA is not responsible for items that are lost or damaged during shipping and cannot replace parcels lost during return shipment if proof of tracking is unavailable.

KidORCA product purchased in a store or on another website must be returned to the original place of purchase.

WARRANTY ENFORCEMENT

In case of defect, KidORCA agrees to accept the claim, replace or repair the Product at no charge for the end-user and return it. This shall be determined in the sole discretion of KidORCA or his authorized retailer, unless this is impossible or disproportionate.

The remedy will be deemed to be disproportionate by KidORCA if it imposes costs on KidORCA which, in comparison with the alternative remedy, are unreasonable, taking into account:

• The value the goods would have if there were no defect,
• The significance of the defect,
• Whether the alternative remedy could be completed without significant inconvenience to the consumer.

KidORCA agrees that all repair or replacement of the Product will occur within a reasonable period and without any major inconvenience for the consumer.

Replacement of your footwear under warranty will not extend the period of the warranty.

The consumer is not entitled to have the contract rescinded if the defect is minor.

For all warranty claims, please produce the Product and the proof of purchase to KidORCA for evaluation.

LIMITATION OF LIABILITY

This Website is provided by KidORCA on an “as is” and “as available” basis. KidORCA makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

KidORCA disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. KidORCA does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components.

TO THE EXTENT PERMITTED BY NATIONAL LAWS, THE PRESENT WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. KIDORCA SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF CHANCE OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED FACILITIES, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF KIDORCA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. KIDORCA SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.

CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, KIDORCA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.

Laws of certain countries or provinces (states) do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

SELLER’S DEFAULT

If the product suffers from defects, and the defects are not caused by the Buyer or circumstances for which the Buyer is liable, the Buyer may exercise his or her cancellation rights. The Seller will be responsible for any return shipment costs of any products returned.

BUYER’S DEFAULT

If the Buyer does not fulfil its obligations under the Agreement, and the non-fulfilment is not due to the Seller or circumstances for which the Seller is liable, the Seller may, depending on the circumstances, exercise its cancellation rights.
If the Buyer does not submit payment according to the Agreement, the Seller can choose to confirm the Agreement and demand that the Buyer pays the purchase amount (fulfilment). In the event of material breach of the payment obligation or other material breaches of the contract, the Seller may terminate the Agreement. The Seller can also choose to cancel the Agreement if the Buyer does not submit payment within a reasonable extended period of time determined by the Seller.

REFUNDS

Please allow for up to fifteen (15) calendar days for your refund to be processed by the financial institution.
Your money will only be refunded to the original card or the original PayPal account used to purchase the product(s).

ORDER LIMITATIONS

KidORCA reserves the right, in its sole and absolute discretion to reject any order the Buyer places with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or by the telephone number provided at point of sale.

If KidORCA initially accepts an order and afterwards, before accepting your payment or shipping the same, decides in its sole and absolute discretion, to limit or cancel quantities purchased per person, per household or per order, we will notify you accordingly and, as may be applicable, refund in full or in part, any payment you may have advanced to us or authorized us to process without any penalties or deductions.

SPECIAL OFFERS

Any special offers available on our Web Site are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with any transaction. Special offers do not have any cash value independent of the transaction contemplated by such offer.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

EVENTS BEYOND OUR REASONABLE CONTROL

KidORCA will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

WAIVER
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

DISPUTE RESOLUTION AND JURISDICTION

The parties shall try to settle any disputes amicably. If an amicable settlement cannot be reached, the matter shall be settled before the courts.
This Agreement is regulated by applicable Canadian federal law and applicable provincial laws. Legal venue is in British Columbia, Canada.

These Sales Terms shall be governed and construed in accordance with laws of the Province of British Columbia, Canada.

RESALE

You may purchase products from the Website for personal use only and not for resale. If you would like to be contacted with regard to becoming an official KidORCA stockist, please send your business contact details to KidORCA and a member of our sales team will be in contact with you shortly.

COLOUR DISCLAIMER

We have made every effort to accurately represent the colours of the products on the Website. However, as colours vary between monitors and operating systems, we cannot guarantee that the colours that appear on your screen accurately reflect the actual colours of products.

PROMOTIONS

Discounts cannot be applied retrospectively.

FEEDBACK AND COMPLAINTS POLICY

We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

SEVERABILITY
If any part or parts of the terms and conditions contained in this Agreement and the Order confirmation are held to be invalid, the remaining parts will continue to be valid and enforceable.