Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Web Site or Catalogues at a particular time does not imply or represent that these products or services will be available at any time. In addition, we may make changes in information about price and availability without notice.
2. Use of this Web Site. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents of this Web Site are copyright 2007 of the Organically Baby, BZZ LLC. or their respective affiliates and suppliers. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any Package sent to an address other than the sender's billing address will contain a card with the senders name unless specifically requested not to in the comment box provided at the end of the checkout process. Free Shipping Coupons and Offers will be shipped with the service of our discrection. Although all shipping rescources will show as options during checkout, Free shipping cannot be guaranteed to use the option that the cusomer has chosen. We will ship your order to you as quickly as we can do at reasonable cost and that almost always means that you order will be shipped USPS Prirority or First class with a 2 Day delivery time. UPS will only be used on rare occasions when packages can be shipped at favorable rates to the USPS.
4.5 International shipments may be subject to customs fees, import duties, taxes, and other charges. These additional charges required for customs clearance are not included in the shipping fees are are the responsibility of the recipient. www.OrganicallyBaby.com has no control over such charges and cannot provide any estimates for fees expected. Please contact your local customs office for further details.
5. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of the BZZ LLC. or its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of the Flying Tiger Trading Company or such other owner.
6. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
7. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by BZZ LLC., Organically Baby, or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
9. DISCLAIMERS. YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ORGANICALLY BABY, FLYING TIGER TRADING COMPANY, NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS WARRANT THE PERFORMANCE, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS ON OR IN THE WEB SITE. THE MATERIALS ON OR IN THE WEB SITE MAY BE OUT OF DATE, AND NEITHER ORGANICALLY BABY, FLYING TIGER TRADING COMPANY, NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. LIMITATIONS OF LIABILITY. Neither Organically Baby nor BZZ LLC. assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL ORGANICALLY BABY, FLYING TIGER TRADING COMPANY, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
11. Termination. You or we may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
12. Indemnification. You agree to indemnify and hold harmless Organically Baby, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Web Site from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Web Site, or the services provided in relation to the Web Site any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Web Site or your downloading of any materials, from the Web Site.
13. Revisions to these Terms and Conditions. Organically Baby may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page regularly to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Web Site. In the event of any conflict between these Terms and Conditions and any legal notices or terms located elsewhere on the Web Site, these Terms and Conditions will control.
14. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we encourage you to contact us via email at firstname.lastname@example.org