Terms of service

Terms of Service

Effective date: September 25, 2026

These Terms of Service (“Terms”) govern your access to and use of cushla.ca (the “Site”) and your purchase of products sold under the Cushla brand. The Site and Cushla store are operated by 1940524 Alberta Ltd., carrying on business as Hushy Kids Comfort & Co. (“Cushla,” “we,” “us,” or “our”). By visiting the Site, creating an account, joining a waitlist, placing an order, or otherwise using our services, you agree to these Terms and our Privacy Policy, Refund Policy, and Shipping Policy. If you do not agree, do not use the Site.

1. Eligibility and authority

You must be at least the age of majority where you live to make a purchase. If you place an order for another person, you confirm that you have authority to provide their delivery information and accept these Terms on their behalf.

2. Store information and availability

We try to keep product descriptions, images, colours, dimensions, materials, prices, inventory, and availability accurate. Screen settings and manufacturing variations may affect how products appear. We may correct errors, update information, limit quantities, discontinue products, or cancel an affected order. If we cancel an order after payment, we will refund the cancelled amount.

3. Product use and child safety

Read and follow all product labels, age guidance, care instructions, warnings, and recall notices. Cushla products are not medical devices and are not intended to diagnose, treat, cure, or prevent any condition. Products identified for children ages 3–6 are not for infants and must never be used in a crib or bassinet. Adult judgment and supervision remain essential.

4. Orders and acceptance

Your order is an offer to buy. An automated confirmation only acknowledges receipt; acceptance occurs when we confirm shipment or otherwise expressly accept the order. We may refuse or cancel an order for suspected fraud, payment failure, pricing or inventory errors, shipping restrictions, quantity limits, or other lawful reasons.

5. Prices, taxes, and payment

Prices are shown in Canadian dollars unless stated otherwise. Applicable taxes and shipping charges are displayed before checkout. You authorize us and our payment providers to charge the payment method you submit for the total shown at checkout. We may change future prices at any time, but a change will not alter an order we have already accepted unless required to correct an obvious error and permitted by law.

6. Preorders and backorders

A product page or checkout may identify an item as a preorder or backorder and provide an estimated shipping period. These dates are estimates, not guarantees. We will communicate material delays. You may request cancellation before shipment unless production or fulfilment has made the order non-cancellable and that restriction was clearly disclosed before purchase. Nothing in this section limits cancellation or refund rights provided by applicable law.

7. Shipping, returns, and refunds

Delivery is governed by our Shipping Policy. Returns, exchanges, cancellations, and refunds are governed by our Refund Policy. Those policies form part of these Terms. Mandatory consumer rights apply despite any inconsistent wording in our policies.

8. Accounts and information

You agree to provide current, complete, and accurate information. You are responsible for activity under your account and for safeguarding your login credentials. Notify us promptly if you suspect unauthorized access. We may suspend or close an account used unlawfully, fraudulently, or in breach of these Terms.

9. Acceptable use

You must not misuse the Site. Prohibited conduct includes breaking the law; infringing another person’s rights; submitting false, malicious, or harmful material; introducing malware; scraping or interfering with the Site without permission; attempting unauthorized access; or using the Site to send spam or fraudulent communications.

10. Reviews and submissions

If you submit a review, comment, photo, idea, or other content, you confirm that you have the right to do so and that it is accurate, lawful, and does not violate another person’s privacy or intellectual-property rights. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, publish, and display that content for operating and promoting Cushla. We may remove content that violates these Terms.

11. Intellectual property

The Site and its content, including the Cushla name, logos, artwork, copy, product designs, photographs, graphics, and layout, are owned by or licensed to us and protected by applicable law. You may use the Site only for personal, non-commercial shopping.

12. Third-party services and links

The Site may rely on third parties for hosting, payments, analytics, communications, and delivery, and may link to websites we do not control. Their own terms and privacy practices apply. We are not responsible for third-party sites or services except to the extent required by law.

13. No unlawful exclusion of rights

Nothing in these Terms excludes, restricts, or waives a warranty, condition, remedy, or other right that cannot legally be excluded or waived. Where a legally required warranty or condition applies, our obligations are limited only to the extent the law permits.

14. Disclaimers

Except for rights and warranties that cannot be excluded, the Site and its content are provided “as is” and “as available.” We do not promise that the Site will always be uninterrupted, secure, error-free, or suitable for every purpose. General information on the Site is not medical or professional advice.

15. Limitation of liability

To the maximum extent permitted by law, Cushla and 1940524 Alberta Ltd. will not be liable for indirect, incidental, special, exemplary, or consequential losses arising from use of the Site or products. For a claim relating to a purchase, our total liability will not exceed the amount paid for the product giving rise to the claim. These limits do not apply where prohibited by law, including liability that cannot legally be limited.

16. Indemnity

To the extent permitted by law, you agree to compensate us for reasonable losses, liabilities, and costs arising from your unlawful misuse of the Site, your violation of these Terms, or your infringement of another person’s rights.

17. Governing law

These Terms are governed by the laws of Alberta and the federal laws of Canada applicable there, without limiting any mandatory consumer protection available to you in your province or territory. Disputes may be brought in the courts that have jurisdiction under applicable law.

18. Changes, severability, and entire agreement

We may update these Terms by posting a revised version and effective date. Changes apply prospectively unless law permits otherwise. If any provision is unenforceable, the remaining provisions continue. These Terms and the policies incorporated into them form the agreement governing your use of the Site and purchases.

19. Contact

Cushla / 1940524 Alberta Ltd., carrying on business as Hushy Kids Comfort & Co. Email: Jonathan@hushykids.ca. Mailing address: PO Box 6246, Bonnyville, Alberta T9N 2G8, Canada.