Terms & Conditions

• Last updated: 01/30/2023

 

Please read these terms and conditions carefully before using Our Service.

 

Refunds and Exchanges

======================

- No Refunds or Exchanges on Sale Items

- No Exchanges on items if purchased in the Incorrect Size after 24 hours

- Confirmation Number will be available within 24 hours (check SPAM folder)

- Cancellation Requests will be denied after 24 hours (order is in production)

- Most orders will ship out within 3-7 business days of ordering 

- Once shipped, orders are generally received within 7-14 business days

- Tracking Information will be available after 4 day period (USPS)

- Free Replacement on Damaged Shipping or Flawed Design (First 30 days) 

- Refunds are processed via the original method of payment only

- Customers Must Pay for Shipping on Refunded items

- We currently only ship within the United States

- BabyshibaNFT cannot be held responsible for packages once delivered

 

Interpretation and Definitions  

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Interpretation  

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The words of which the initial letter is capitalized have meanings defined

under the following conditions. The following definitions shall have the same

meaning regardless of whether they appear in singular or in plural.

 

Definitions  

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For the purposes of these Terms and Conditions:

  * Affiliate means an entity that controls, is controlled by or is under

    common control with a party, where "control" means ownership of 50% or

    more of the shares, equity interest or other securities entitled to vote

    for election of directors or other managing authority.

  * Country refers to: California, United States

  * Company (referred to as either "the Company", "We", "Us" or "Our" in this

    Agreement) refers to BabyshibaNFT 

  * Device means any device that can access the Service such as a computer, a

    cellphone or a digital tablet.

  * Service refers to the Website.

  * Terms and Conditions (also referred as "Terms") mean these Terms and

    Conditions that form the entire agreement between You and the Company

    regarding the use of the Service. 

  * Third-party Social Media Service means any services or content (including

    data, information, products or services) provided by a third-party that

    may be displayed, included or made available by the Service.

  * Website refers to BabyshibaNFT, accessible from

    [babyshibanft.io}{babyshibanft.io) 

  * You means the individual accessing or using the Service, or the company,

    or other legal entity on behalf of which such individual is accessing or

    using the Service, as applicable.

 

Acknowledgment  

==============

These are the Terms and Conditions governing the use of this Service and the

agreement that operates between You and the Company. These Terms and

Conditions set out the rights and obligations of all users regarding the use

of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and

compliance with these Terms and Conditions. These Terms and Conditions apply

to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and

Conditions. If You disagree with any part of these Terms and Conditions then

You may not access the Service.

You represent that you are over the age of 18. The Company does not permit

those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance

of and compliance with the Privacy Policy of the Company. Our Privacy Policy

describes Our policies and procedures on the collection, use and disclosure of

Your personal information when You use the Application or the Website and

tells You about Your privacy rights and how the law protects You. Please read

Our Privacy Policy carefully before using Our Service.

 

Links to Other Websites  

=======================

Our Service may contain links to third-party web sites or services that are

not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the

content, privacy policies, or practices of any third party web sites or

services. You further acknowledge and agree that the Company shall not be

responsible or liable, directly or indirectly, for any damage or loss caused

or alleged to be caused by or in connection with the use of or reliance on any

such content, goods or services available on or through any such web sites or

services.

We strongly advise You to read the terms and conditions and privacy policies

of any third-party web sites or services that You visit.

 

Termination  

===========

We may terminate or suspend Your access immediately, without prior notice or

liability, for any reason whatsoever, including without limitation if You

breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

 

Limitation of Liability  

=======================

Notwithstanding any damages that You might incur, the entire liability of the

Company and any of its suppliers under any provision of this Terms and Your

exclusive remedy for all of the foregoing shall be limited to the amount

actually paid by You through the Service or 100 USD if You haven't purchased

anything through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the

Company or its suppliers be liable for any special, incidental, indirect, or

consequential damages whatsoever (including, but not limited to, damages for

loss of profits, loss of data or other information, for business interruption,

for personal injury, loss of privacy arising out of or in any way related to

the use of or inability to use the Service, third-party software and/or third-

party hardware used with the Service, or otherwise in connection with any

provision of this Terms), even if the Company or any supplier has been advised

of the possibility of such damages and even if the remedy fails of its

essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of

liability for incidental or consequential damages, which means that some of

the above limitations may not apply. In these states, each party's liability

will be limited to the greatest extent permitted by law.

 

"AS IS" and "AS AVAILABLE" Disclaimer  

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The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults

and defects without warranty of any kind. To the maximum extent permitted

under applicable law, the Company, on its own behalf and on behalf of its

Affiliates and its and their respective licensors and service providers,

expressly disclaims all warranties, whether express, implied, statutory or

otherwise, with respect to the Service, including all implied warranties of

merchantability, fitness for a particular purpose, title and non-infringement,

and warranties that may arise out of course of dealing, course of performance,

usage or trade practice.

 

Without limitation to the foregoing, the Company

provides no warranty or undertaking, and makes no representation of any kind

that the Service will meet Your requirements, achieve any intended results, be

compatible or work with any other software, applications, systems or services,

operate without interruption, meet any performance or reliability standards or

be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's

provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information,

content, and materials or products included thereon; (ii) that the Service

will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or

currency of any information or content provided through the Service; or (iv)

that the Service, its servers, the content, or e-mails sent from or on behalf

of the Company are free of viruses, scripts, trojan horses, worms, malware,

timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties

or limitations on applicable statutory rights of a consumer, so some or all of

the above exclusions and limitations may not apply to You. But in such a case

the exclusions and limitations set forth in this section shall be applied to

the greatest extent enforceable under applicable law.

 

Governing Law  

=============

The laws of the Country, excluding its conflicts of law rules, shall govern

this Terms and Your use of the Service. Your use of the Application may also

be subject to other local, state, national, or international laws.

 

Disputes Resolution  

===================

If You have any concern or dispute about the Service, You agree to first try

to resolve the dispute informally by contacting the Company.

 

For European Union (EU) Users  

=============================

If You are a European Union consumer, you will benefit from any mandatory

provisions of the law of the country in which you are resident in.

 

United States Legal Compliance  

==============================

You represent and warrant that (i) You are not located in a country that is

subject to the United States government embargo, or that has been designated

by the United States government as a "terrorist supporting" country, and (ii)

You are not listed on any United States government list of prohibited or

restricted parties.

 

Severability and Waiver  

=======================

Severability  

------------

If any provision of these Terms is held to be unenforceable or invalid, such

provision will be changed and interpreted to accomplish the objectives of such

provision to the greatest extent possible under applicable law and the

remaining provisions will continue in full force and effect.

 

Waiver  

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Except as provided herein, the failure to exercise a right or to require

performance of an obligation under these Terms shall not effect a party's

ability to exercise such right or require such performance at any time

thereafter nor shall the waiver of a breach constitute a waiver of any

subsequent breach.

 

Translation Interpretation  

==========================

These Terms and Conditions may have been translated if We have made them

available to You on our Service. You agree that the original English text

shall prevail in the case of a dispute.

 

Changes to These Terms and Conditions  

=====================================

We reserve the right, at Our sole discretion, to modify or replace these Terms

at any time. If a revision is material We will make reasonable efforts to

provide at least 30 days' notice prior to any new terms taking effect. What

constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become

effective, You agree to be bound by the revised terms. If You do not agree to

the new terms, in whole or in part, please stop using the website and the

Service.

 

Contact Us  

==========

If you have any questions about these Terms and Conditions, You can contact

us:

  * By email: babyshibanft@protonmail.com