These Terms of Sale (“Terms”) and all applicable laws and regulations govern the sale of products listed on the Rebelstork website: rebelstork.com (the “Website”) administered by Rebelstork Corporation (“Rebelstork”, “we”, “us” or “our”). These Terms and the accompanying order summary page constitute the entire agreement between you and Rebelstork relating to the matters set forth herein, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral (the “Agreement”).
Rebelstork serves as a venue to facilitate the buying and selling of new and used baby and children products. We handle product pickups, deliveries, product listing and payment. By using our Website, you may not be buying directly from Rebelstork but from one of our vendors using our Website as an online store platform. We have made every effort to get vendors who use our Website to display their items as accurately as possible, but we do not guarantee or endorse any of the items listed on our Website.By placing your order on the Website, you agree to these Terms, our Privacy Policy and website Terms of Use. We reserve the right to change or modify these Terms at our sole discretion at any time.
1. Payment Terms
A current and valid accepted payment method is required in the form indicated during the order process (the “Payment Method“). Unless otherwise agreed to by Rebelstork, payment must be received by Rebelstork prior to its acceptance of an order. All listed prices are in Canadian Dollars and are exclusive of applicable sales taxes.
Rebelstork may collect your payment information, billing address, and such other information as is required to complete the transaction through a third party payment processing service. In such instances, you authorize us to charge the applicable card for the fees payable, and you represent and warrant that you are the cardholder of the applicable card. For more information on Rebelstork’s handling of personal information, please see our Privacy Policy.
2. Orders and Availability
All products listed on our Website are invitations to purchase and not offers to sell. You warrant that all information you provide to Rebelstork in connection with your order is complete and accurate. Your order is subject to cancellation by Rebelstork in its sole discretion prior to being accepted, and in such instance, your payment will not be processed.
After placing an order, you will receive an email from Rebelstork acknowledging that we have received and accepted your order (the “Order Confirmation”). The Order Confirmation shall include a copy of these Terms. Your order will be complete when we send you the Order Confirmation, and you provide payment. Available products may vary, and we cannot guarantee that all products will always be available.
3. Delivery
We will endeavour to deliver all the products you have ordered within the time period specified in your Order Confirmation.
If you have received your shipping confirmation email, but your products have not arrived within the time specified in the Order Confirmation email, please contact us, and we will take all reasonable steps to assist you. Orders are delivered by courier within the zoning map provided on the website.
4. Refund Policy
When you make a purchase on our Website, we don’t release payment to the vendor until you tell us you’ve received your order as described. You have 24 hours after delivery to inform us of any of the following by email at info@rebelstork.com: (i) undisclosed damage; (ii) incorrect or missing critical item; (iii) item not as described; (iv) item is not authentic. If we verify your claim, your payment will be refunded in full. You assume full and exclusive responsibility to verify that the items are in safe working condition. If we do not receive a claim from you within 24 hours of delivery, the sale will be considered final, and no refunds will be provided.
Once we verify your claim, please return the item by emailing info@rebelstork.com for next steps.
5. Errors
We have made every effort to get vendors who use our Website to display as accurately as possible the items listed for sale. All descriptions of products or product pricing are subject to change at any time without notice and, in our sole discretion. Rebelstork endeavours to display all information correctly, but occasionally the information provided may not be accurate and could include technical, typographical, or photographic errors. 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. We will not be held responsible for any such errors. We will use commercially reasonable efforts to correct such errors that we become aware of, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Please let us know if you become aware of any errors.
We have made every effort to get vendors who use our Website to display as accurately as possible the items listed for sale. All descriptions of products or product pricing are subject to change at any time without notice and, in our sole discretion. Rebelstork endeavours to display all information correctly, but occasionally the information provided may not be accurate and could include technical, typographical, or photographic errors. 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. We will not be held responsible for any such errors. We will use commercially reasonable efforts to correct such errors that we become aware of, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Please let us know if you become aware of any errors.
6. Confidential Information
All non-public, confidential or proprietary information of Rebelstork, including, but not limited to, trade secrets, technology, and information pertaining to business operations and strategies (collectively, “Confidential Information”), disclosed by Rebelstork to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with Rebelstork’s provision of product is confidential, and shall not be disclosed or copied by you without the prior written consent of Rebelstork. Confidential Information does not include information that is: (i) in the public domain; (ii) known to you at the time of disclosure; or (iii) rightfully obtained by you on a non-confidential basis from a third party. Rebelstork shall be entitled to injunctive relief for any violation of this section.
7. Disclaimer of Warranties
Except where prohibited by law, the products sold on our Website are provided “as is”. Rebelstork makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties or conditions, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Rebelstork does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of its services or products listed on the Website.
8. Limitations of Liability
Except where prohibited by law, in no event will Rebelstork or its subsidiaries, affiliates, or any of their respective directors, officers, employees, agents, representatives, volunteers, shareholders, successors and assigns be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages or for any failure to realize expected savings, any use or misuse of the product, any loss of revenues, profits, or goodwill, data or other intangible loss, loss of computer time, or any other commercial or economic loss arising from the use or inability to use products listed on our Website, even if Rebelstork has been notified orally or in writing of the possibility of such damage. Buyers acknowledge and agree that Rebelstork is not responsible for any damages or injuries from products purchased on our Website.
9. Indemnity
You agree to indemnify and hold harmless Rebelstork, and its subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, representatives, volunteers, shareholders, successors and assigns from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of your use or attempted use of the Website in violation of these Terms.
10. Language
It is the express wish of the parties that these Terms and any related documents be drawn up and executed in English. Les parties conviennent que la présente convention et tous les documents s’y rattachant soient rédigés et signés en anglais.
11. Termination
In addition to any remedies that may be provided under these Terms, Rebelstork may terminate this Agreement with immediate effect upon written notice to you if you: (a) fail to pay any amount when due under this Agreement; or (b) have not otherwise performed or complied with any of these Terms, in whole or in part.
12. Miscellaneous Provisions
These Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario. You agree that any legal action in connection with any matters related to the Agreement will be subject only to the jurisdiction of the provincial and federal courts located in Ontario. You may not assign or transfer these Terms without Rebelstork’s prior written consent. Rebelstork may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. Your use of any product sold on our Website is independent of Rebelstork and not as an employee, agent, partner, or joint-venturer with Rebelstork for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section titles herein are displayed for convenience only and have no legal effect. Rebelstork will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by event(s) outside of our reasonable control (force majeure event).
Vendor Terms & Conditions can be found here.
