Terms of Service
Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the website at babyboxclothing.us (the "Site") operated by BABYBOX CLOTHING, CORP ("us," "we," or "our"). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Site.
1. Use of the Site
By using this Site, you represent that you are at least 18 years of age, or that you are the age of majority in your state or province and you have given us your consent to allow any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. Products and Services
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
3. Accuracy of Information
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
4. Pricing and Payment
All prices listed on the Site are in US Dollars (USD). Prices are subject to change without notice. We reserve the right to refuse or cancel any order placed for a product listed at an incorrect price. Taxes are calculated at checkout based on your shipping address. Payment is processed securely through PayPal. We accept Visa, Mastercard, American Express, Discover, and PayPal balance.
5. Order Acceptance
We reserve the right to refuse or cancel any order you have placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. Shipping and Delivery
We ship exclusively within the United States, including Alaska and Hawaii. Shipping rates and delivery estimates are as outlined in our Shipping Policy. We are not responsible for delays caused by carriers, customs, weather, or other factors outside our control. Risk of loss passes to you upon delivery to the carrier.
7. Returns and Refunds
Our return and refund policy is as outlined in our Return & Refund Policy, which is incorporated into these Terms by reference. We reserve the right to determine whether a returned item meets our return eligibility criteria.
8. Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of BABYBOX CLOTHING, CORP and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BABYBOX CLOTHING, CORP. All product designs, logos, and brand assets are protected by copyright and trademark laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent, except as necessary for personal, non-commercial use.
9. User Content
If you submit reviews, feedback, comments, or other content to us, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have the right to submit such content, and that the content does not violate any third party's rights.
10. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site:
- For any unlawful purpose
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- To use the Site for commercial purposes without our explicit written consent
11. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis. BABYBOX CLOTHING, CORP makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, BABYBOX CLOTHING, CORP disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12. Limitation of Liability
BABYBOX CLOTHING, CORP will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall BABYBOX CLOTHING, CORP's total liability to you for all damages exceed the amount you paid for the specific product(s) giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless BABYBOX CLOTHING, CORP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved by binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for matters involving intellectual property rights.
15. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Changes to Terms
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
17. Contact Information
Questions about the Terms of Service should be sent to us at:
- Email: [email protected]
- Mail: BABYBOX CLOTHING, CORP, 1541 Brickell Ave #2804, Miami, FL 33129
- Phone: (305) 478-0392