These terms and conditions apply to the use of www.bajababyshop.com. By visiting our Website and/or placing an order you agree to be bound by the terms and conditions written below. If you do not agree to these terms and conditions, please do not use or access this Website.

Definitions

• Conditions – The terms and conditions written beneath
• Product – A product displayed for sale on the Website
• Product Description – The area(s) within the Website where descriptional terms and conditions in respect of the individual Product are written
• Users – The collective users of the Website
• Personal Information – Details provided by you, that pertain to you, given at the time of registration, contacting Customer Support or while placing an order on the Website.
• We/us – Bayware LLC dba ‘Baja Baby’
• Website – https://www.bajababyshop.com
• Cookies – Small text files which our Website places on your computer's hard drive to store information about your visit or shopping session, used to identify your computer
• You – A user of this Website

Use of the website

ACCESS

You are given access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with the same Conditions.

REGISTRATION

You agree that:

• The Personal Data you provide when you register an account or place an order with us is true, accurate, current and complete.
• You will update details on your online account immediately should there be any changes to your Personal Data.

You agree not to impersonate another individual or entity, use a fictitious name or a name that you are not authorized to use.

INDEMNITY

You agree fully to indemnify, defend and hold us, our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

OUR RIGHTS

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
• change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms and Conditions regularly to determine is there have been any recent updates. Should you disagree to any change to the Conditions then you must immediately stop using the Website.

THIRD PARTY LINKS

To provide value to Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, should you choose to enter the linked website we are not responsible for the availability or condition of such external sites, and do not review or endorse them. We are neither responsible nor liable, directly or indirectly, for (i) the privacy practices of third party websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

RECOMMENDATIONS

When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.

Please see our Privacy Notice if you'd like more information on how we use your personal data to recommend products to you.

PRIVACY & COOKIES

We treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We keep it on a secure server and we fully comply with all applicable privacy regulations and consumer legislation.

Please see our Privacy Notice for more information on how and where we collect and use your personal data.

In the Privacy Notice, you can also find out how to stop receiving marketing information.

Ordering, cancelling and returning products

ORDERS

We will take all means necessary, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party gets unauthorized access to any data you provide when accessing or ordering from the Website.

Find out more about our Refund policy which is incorporated into these Conditions.

INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain our property. You are permitted to use this material only as expressly authorized by us or our licensors.

You acknowledge and agree that the content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such content onto one computer hard drive for such purpose. Any other use of the content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

LIMITATION OF LIABILITY

While we will use reasonable endeavors to verify the accuracy of information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from the course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

WAIVER

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

SURVIVAL

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

ENTIRE AGREEMENT

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Baja Baby and you are expected to do. You confirm that, in accepting the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LAW

The Conditions shall be governed by and construed in accordance with the laws of the United States of America and you irrevocably submit to the exclusive jurisdiction of the courts of United States of America.