These General Terms and Conditions of Use ("Terms") are entered into by and between you and Baby Viva. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and Baby Viva hereby agree as follows: Your access to and use of the Baby Viva site is subject to these Terms, as well as any modifications issued by Baby Viva to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Baby Viva site.
Among other things, Baby Viva provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in Baby Viva in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within Baby Viva contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
Baby Viva shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of Baby Viva. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on Baby Viva. You are responsible for reviewing (Website Name) periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Baby Viva to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Baby Viva shall be valid or enforceable against Baby Viva unless expressly agreed to by Baby Viva in a writing signed by a duly authorized officer of Baby Viva.
These Terms are effective until terminated by Baby Viva. Baby Viva may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Baby Viva and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Baby Viva shall also have the right without notice and at any time to terminate Baby Viva or any portion thereof, or any products or services offered through Baby Viva, or to terminate any individual's right to access or use Baby Viva or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of Baby Viva and your purchase of the items on Baby Viva.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on Baby Viva , as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Baby Viva may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Baby Viva in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Baby Viva or by third parties that have licensed their use to Baby Viva. You may view and use the Content only for your personal information and for shopping and ordering on Baby Viva, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Baby Viva does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Baby Viva , including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Baby Viva, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including Baby Viva vendors, do not constitute sponsorship, endorsement, or approval by Baby Viva of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Baby Viva , and Baby Viva is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders
All prices displayed on Baby Viva are quoted in U.S. dollars. Baby Viva may restrict delivery to addresses within the United States and Canada. Baby Viva will add shipping and handling fees and applicable sales/use tax. Baby Viva reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Baby Viva without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on Baby Viva do not imply endorsement of that product or service, or constitute a warranty by Baby Viva. The receipt by you of an order confirmation does not constitute Baby Viva 's acceptance of an order. Prior to Baby Viva 's acceptance of an order, verification of information may be required. Baby Viva reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Baby Viva, for any reason. Baby Viva reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Baby Viva shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Baby Viva shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to this Site and Content
Baby Viva MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Baby Viva SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Baby Viva ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF Baby Viva OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Baby Viva OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF Baby Viva. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Baby Viva , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Baby Viva OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Baby Viva IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services
We want you to be fully satisfied with every item that you purchase online from Baby Viva. If you are not satisfied with an item that you have purchased online, you may return the item within 30 days for a full refund of the purchase price, minus all shipping, handling or other charges. Many of our items are offered with free shipping. This means that the cost of shipping has been included in the price to give you the total price of your order. When you return an item you are responsible for the return shipping and you will also be responsible for the actual original outbound shipping costs.
Some items are subject to a restocking fee.
Due to the extremely high cost of furniture shipping these items are considered a final sale and not eligible for returns. We will of course take care of shipping damage or warranty claims if any should arise.
Products may be returned within 30 days of receipt of the items. All items must be in its original new packaging and in its original new condition. Laundered items or items without the original packaging will not be accepted. Each package requires a Return Authorization Number (RMA). After request has been submitted and the return label received, please place the label on the outside of the package. All packages received by BabyViva.com without a Return Authorization Number will not be accepted. If an item is to be returned due to a manufactures defect you must contact us via phone or email to arrange replacement or return shipping.
After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY Baby Viva ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, Baby Viva MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Baby Viva EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON Baby Viva , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Baby Viva , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON Baby Viva , EVEN IF Baby Viva IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Baby Viva's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
All returned products must be in new original packaging and new original condition.
You agree to defend, indemnify, and hold harmless Baby Viva, Baby Viva's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Baby Viva. The foregoing indemnification obligation shall survive termination of these Terms and Baby Viva and any product or service provided to you arising out of or relating to your use of Baby Viva.