Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • Your use of the shopxyloba.com and xyloba.us websites (the "Websites") are expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using the Websites you indicate your acceptance of these Terms and Conditions.

    Xyloba is a registered business name of Eta Smart Inc. All notices from Xyloba or Eta Smart Inc. ("Eta Smart") to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Eta Smart shall be made by e-mail sent to the address we provide on our Web site.



  • Copyright
  • The websites, its text, graphics, content, video, audio and the selection and arrangement thereof are the property of Eta Smart, and are protected under the copyright laws of Canada and other countries. None of the content on the websites in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of Eta Smart.



  • Trademarks
  • This website contains many of the valuable trade marks owned and used by Eta Smart to distinguish its quality products and services. These trade marks and related proprietary property may not be used except with the express written consent of Eta Smart. Nothing contained in the Websites should be construed as granting, by implication or otherwise, any license or right to use any trade marks, including the trade marks owned by Eta Smart, except with the express written permission of Eta Smart or such other party that may own the applicable trade marks.



  • Use Of Site
  • Limitation of Liability

    By agreeing to use this site and its information you agree that Eta Smart (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your use of the the websites. Eta Smart makes no representation or warranty of any kind, express or implied, regarding the Websites and/or any material or information provided on the website, all of which are provided on an "as is" and "as available" basis.

    Eta Smart does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Websites or any of the content or data found on the website and expressly disclaims all warranties and conditions.Eta Smart does not warrant that the function of the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Eta Smart does not warrant or make any representations regarding the use or the result of use of material on this site in terms of its correctness, accuracy, and reliability or otherwise.

    Eta Smart is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failure or circumstance affecting, disrupting or corrupting communications.

    Eta Smart assumes no responsibility and shall not be liable for any damage to, or viruses that may affect your computer equipment or other property on account of your access to or use of the Websites or your downloading of any material, data, text, images, video or audio from EtaToys.com™. In no event shall Eta Smart be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind arising out of or in any way connected with the access to or use of the Websites or content found therein.

    Restrictions on Use of the the Websites

    The Websites may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of Eta Smart.

    You may download, display and print material presented on the Websites for your personal, non-commercial use only, provided you don't delete or change any copyright, trade mark or other proprietary notice.

    You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

    Eta Smart reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Eta Smart believes that customer conduct violates applicable law or is harmful to the interests of Eta Smart or any Third Parties.

    All sizes quoted are approximate. Some items shown may require assembly.

    In its sole discretion, in addition to any other rights or remedies available to Eta Smart and without any liability whatsoever, Eta Smart at any time and without notice may terminate or restrict your access to any component of the Websites.

    Submissions

    All remarks, suggestions, ideas, graphics, or other information communicated to Eta Smart through or by reason of this site by email or otherwise (collectively the "Submission") will forever be the property of Eta Smart. If you provide Eta Smart with a Submission you grant Eta Smart a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licencable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works for, distribute and display such Submission throughout the
    world in any media, now known or hereafter developed, and you waive all moral rights in the Submission. You also grant Eta Smart the right to use the name you submit with the Submission, if any, in connection with Eta Smart's rights hereunder.



  • Privacy Policy
  • Eta Smart Privacy Statement is incorporated into these Terms and Conditions as listed below. You
    agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information by Eta Smart and (or) third parties in accordance with the terms of and for the purposes set out in the Eta Smart Privacy Statement.

    We do not share or sell data

    We collect billing and shipping information in order to process your order and deliver it to its destination. This information is used only by Eta Smart and the couriers we use for the purposes of fulfilling your order . Personal information collected through this site is used only for our internal purposes. We will not sell your personal information, or authorize third parties to use such information for any commercial purpose, without your prior consent.

    Personal Information

    We do not automatically collect personal information such as your name, address, telephone number or email address. Such information will be collected only if you provide it to us voluntarily in order to order products, enter a contest or promotion, or sign up to receive our newsletter. We don't require that any personal information be provided in order to view our website.

    How we use personal information sent to us by consumers

    Information collected by Eta Smart is used to allow you to order products, register for newsletter and participate in special promotions, improve the site by observing products that are most popular, and personalize the delivery of information and recommend products to you.

    Your personal information may also be used to create statistics about the Websites that we use to measure our performance. These statistics do not contain any information that could identify you personally.

    Eta Smart does not sell your personal information to any organization for any purpose.

    We do send e-mail

    We will send you email at regular intervals to ensure that you are always kept up to date on the status of your order. From time to time we send additional flyers out to inform our customers of promotions that they might be interested in. You can send an email to info@etasmart.com and request to be removed from our list.

    We offer optional registration

    We recommend that you register as a customer in order to take advantage of the many benefits of maintaining an account. Unlike many other sites, registration is not necessary for placing orders. We offer a guest checkout option which only requires the basic information required to process your order Please note that this will limit access to your order history.

    We DO NOT store credit card information

    We do not store your credit card information.

    Password protected accounts

    When you decide to register an account in order to take advantage of the additional features, your account information is secured by password protection assigned and maintained by you.

    We use cookies

    Like most advanced sites these days, the Websites may use cookies to make your shopping experience the best it can be.

    Getting your consent

    By using the Websites you are consenting to the collection and use of personal and account information by Eta Smart, for the purposes set out in this policy.



  • Shipping & Delivery
  • At this time, Eta Smart ships merchandise to locations within Canada and US only.

    The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

    In-stock items will ship within 1-4 business days from receipt of order and payment. Business days are Monday-Friday (excluding holidays). Occasionally an item may be back-ordered from our supplier. You will be notified should this occur.

    Express shipping is available which significantly reduces the shipping time. If you require your order by a certain date, please contact us and we can help you select the best option.

    Some items that are considered Heavy or Oversized by our shipping companies will require additional shipping charges.

    Please note that there are some exceptions and remote locations that will require additional shipping charges. 



  • Sales Tax
  • Eta Smart charges sales tax for merchandise ordered on this Web site based on the applicable tax rate and the location to which the order is being shipped.



  • Warranties
  • The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Eta Smart. 

    The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Eta Smart is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. 

    The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Eta Smart. 

    The inclusion of material on this server does not imply any endorsement by Eta Smart, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. 

    A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Eta Smart tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.



  • Return Policy
  • For resellers: All sales are final.

    For consumers purchasing items from our online store at www.shopxyloba.com: If any of the items you have purchased do not meet your expectations, you may return them (shipping prepaid) for 50% refund of the original purchase price only if the returned items meet our Return Policy as stated below.

    Return Policy 

    • Product must be in the original packaging and be in resellable condition.
    • Product must be returned prepaid.
    • Returns must be accompanied by a receipt or packing slip.
    • We cannot accept returns or exchanges for items that were purchased on sale.
    • Product must be returned with the return shipping prepaid & insured. 
    • Shipping charges, customs fees or duties are non-refundable.
    • Refunds will be credited back via the same payment form.
    • No Cash Refunds will be processed.

    Return Procedure

    1. Please email us for a Return Authorization # (RA#)
    2. A Return Form will be emailed to you.
    3. Please fill out the entire return form and include it in the shipment.
    4. Please include a copy of the original receipt andr packing slip.
    5. Properly package the product in a protective cardboard box for return shipment.
    6. Return product with shipping prepaid and insured to address that is provided with RA#


  • Miscellaneous
  • Quantity

    The products are available in limited quantities. Eta Smart, at its own discretion, may decide to limit the quantity per order.

    Pricing

    The Websites may offer limited-time sales, special promotions and items at regular low prices. Due to competitive market pressures, prices are subject to change. Eta Smart reserves the right to correct, at any time, any pricing errors.

    Risk of Loss

    Any products purchased from Eta Smart are delivered to you by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products pass to the purchaser at the time of delivery by Eta Smart to the third party shipper.

    Modification: Eta Smart reserves the right to, without notice, change the Websites, including the Terms and Conditions of use of the Websites. Please check this page periodically for changes. Your use of the Websites will be conditional upon your acceptance of the Terms and Conditions in force at the time of 
    your use.

    Indemnification

    You shall indemnify and save harmless Eta Smart, its officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Websites.

    Relationships

    The relationship between Eta Smart and you will be that of independent contractors and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of the Websites.

    Governing Law

    These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Websites and these Terms and Conditions.

    Severability

    These Terms and Conditions are severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability 
    of any other remaining provisions.

    Headings

    The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.

    Entire Agreement

    These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by Eta Smart making such amendments or modifications available to it pursuant to the Terms and Conditions.