PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions please do not use this site.
This website is operated by Babalu Boutique. Throughout the Site the Terms “We”, “Us” and “Our” refer to Babalu Boutique. The terms “Website” and “Site” refer to Babaluboutique.com. Please review the basic rules that govern the use of our website and the purchase of our products carefully before using Babaluboutique.com. By continuing to browse, purchase from, and/or creating an account you accept and agree to be bound by the Terms and Conditions (“Terms”, “Terms of Service”), Privacy Policies and Store Policies of this site. We reserve the right to revise or modify the Terms as we deem necessary. So please review the Terms and Conditions periodically for updates. If you do not wish to be bound to these Terms or any revisions to these Terms, please do not use this Site. Babalu Boutique and babaluboutique.com website is provided solely for your personal and non-commercial use only. We reserve the right to refuse service to anyone at any time.
You must be 18 years or older to purchase from this site.
Babalu Boutique is a trademark, service mark, logo and/or trade name (collectively “Trademarks”) of Babalu Boutique and are the property of Babalu Boutique. All other Trademarks, Service marks, Trade names contained in the Site are the property of their respective owners. No use of these may be made without prior written consent except as necessary to accurately identify the products or services of Babalu Boutique. Violation of this may result in legal action. Babalu Boutique disclaims any proprietary interest in trademarks, service marks and trade names other than its own.
The entire content included in this site, (Collectively “Content”) including but not limited to text, graphics, audio, video, software, products, logos, designs, advertisements and photographic images described or displayed on the Site are the intellectual property of Babalu Boutique or its vendors. Except as stated herein, the material may not be reproduced, distributed, republished, downloaded, displayed, transmitted or copied without the prior written consent of Babalu Boutique. Permission is granted to display, download or print from the Site solely for personal, non-commercial use providing that you agree not to make any modifications to the material downloaded or delete any proprietary notices or copyright notices contained in the material. Permission may be terminated at any time without further notice if you breach any of these terms. Unauthorized use of material contained on this Site may violate domestic and/or international copyright laws and privacy laws.
Users Comments, Feedback and Other Submissions
All collected content such as comments, feedback, suggestions ideas and other submissions provided to Babalu Boutique by our customers via online, email, postal mail or other method (collectively, “comments”) will become the property of Babalu Boutique. When you participate in surveys, contests, promotions and submission of photos, you agree that babaluboutique.com may use the information submitted by you for marketing, promotions and product development and in no way are required to pay any compensation for such submissions. We are under no obligation to maintain any user’s comments in confidence or respond to any users comments. You agree that no comments submitted by you to the Site will violate any third party copyrights, trademarks or privacy, personal or proprietary rights. All submissions become the property of Babalu Boutique and we may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
Babalu Boutique will do it’s best to ensure that any information on this Site is accurate and complete. Occasionally there may be information on babaluboutique.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct, change, or update any error’s, descriptions, and pricing without prior notice, even after your order has been completed.
We also do our best to display our products as accurately as possible. However the colors you will see may vary depending upon your monitor. We cannot guarantee that your monitor display will be accurate.
Merchandise may only be available in limited quantities. We reserve the right to limit the order quantity on any product per person, per order, or per household. This may include any orders placed on the same customer name, account, credit card or shipping/mailing/billing address. We reserve the right to discontinue any product at any time. If we make a change to, or cancel an order we will notify you at the email address, billing address or phone number provided at the time the order was made.
Use of Site
You are prohibited from using the site or its content for a)unlawful purposes b) to solicit others to perform in any unlawful acts c) to violate any federal or state regulations, rules laws or ordinances d ) violate our intellectual property rights or the intellectual property rights of others e) harass, abuse, slander, intimidate, discriminate f ) to submit false or misleading information or impersonate others g) to upload or transmit viruses or codes that will or may be used to affect the functionality of the Service, Website. You may not upload content onto the site or use the site to solicit others.
Warranty Disclaimer-Limitation of Liability
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, DURABILITY AND NON-INFRINGEMENT. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE AND THAT BABALU BOUTIQUE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. BABALU BOUTIQUE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL CONDUCT OF ANY USER.
IN NO CASE SHALL BABALU BOUTIQUE, OUR SITE,OUR EMPLOYEES, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIMS OR DAMAGES OF ANY KIND WITHOUT LIMITATION TO INCLUDE LOST REVENUE, LOST SAVINGS, NEGLIGENCE OR ANY SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR PRODUCTS CONTAINED IN THIS SITE. BABALU BOUTIQUE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABLITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE NOT SATISFIED WITH ANY OF BABALU BOUTIQUE’S TERMS OF SERVICE, USE AND CONDITIONS PLEASE DISCONTINUE USING OUR SITE.
You agree to indemnify, defend and hold harmless Babalu Boutique, it’s owners, subsidiaries, employees, affiliates, partners, officers, directors, agents, distributors, vendors, suppliers (collectively the “Service Providers”) from and against any and third party claims, all losses, expenses, damages and costs, including reasonable attorney’s fees resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) resulting or related to you or any other person accessing the site using your internet account.
This agreement is effective unless and until terminated by either you or us. You may terminate these Terms of Services at any time by contacting us at firstname.lastname@example.org and informing us that you no longer wish to use our services, or when you discontinue using our Site.
Babalu Boutique may also terminate this Agreement at any time and may do so immediately without notification, and deny you access to the Site if in our sole discretion we feel you have failed to comply with any term or provision of these Terms of Service. Upon termination of this Agreement by you or us you must promptly pay all amounts due up to and including the date of termination, destroy all materials downloaded, copied, or obtained from this Site.
You agree that the terms of this Agreement are severable. If any term or provision is declared to be invalid, unenforceable, or unlawful, such provisions shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. The remaining provisions will remain valid, enforceable and in full effect.
Third Party Links
Certain products, content and services may include materials from third-parties. Third Party links provided for your convenience may connect you to third party websites that are not affiliated with us. We have no control and are not responsible for examining or evaluating the content or accuracy and will not be held liable for any third-party materials, websites, products or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, content or any type of transaction made in connection with any third-parties. Please review the individual privacy policies and data collection practices of each third-party and ensure you understand them prior to engaging in any transaction with them. Any complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
This agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in San Diego, California.
Last Updated: 4-25-13