Terms of Service

User Agreement

Original Effective Date: March 10, 2023

In using this website and/or service the USER (also referred to as “you”) are deemed to have read and agreed to the following terms AND CONDITIONS and privacy policy. TOGETHER THESE terms AND CONDITIONS AND PRIVACY Policy CONSTITUTE YOUR USER AGREEMENT (“AGREEMENT”) WITH BABIES LANE BOUTIQUE, owner and operator of www.babiesbarn.com website and application. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE and/or application, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS of SERVICE IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE AND/OR APPLICATION, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

Terms and Conditions

Account Creation and Use of Site

By registering as a user, you certify that you are 13 years of age or older. Children under the age of 13 may not become a Site user, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, by registering as a user, you hereby represent that your registration as a user, the provision of your personally identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

Babies Lane Boutique Applicaton and babiesbarn.com (hereinafter collectively referred to as Babies Lane) request that you provide your full name, current address, a valid email address, and any other information need to complete to the sign-up process. Please note that by signing up for this Site you acknowledge that Babies Lane will use the initially provided email for all communication along with any telephone number you provide.

When you sign up to use the babiesbarn.com website and application (hereinafter referred to as the site) and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow using your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless Babies Lane for losses incurred by Babies Lane or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. Babies Lane is not responsible for any loss or damages that result from your failure to maintain the security of their account and/or password.

You are prohibited from transmitting any program, code, virus, or other items of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction, inside the United States and abroad. You are fully and solely responsible for knowing what activities are permitted in your jurisdiction.

You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by Babies Lane. The name, trademark, symbol, or representation of the Babies Lane brand is the sole property of Babies Lane. Babies Lane retains the right to use or transfer any account information other than your credit card information. *Credit Card or Debit information is always encrypted. All transmission and storage of information by Babies Lane is governed by Babies Lane Privacy Policy.

Babies Lane is and will be the sole arbiter of determining which activity, content, usage is deemed destructive. A breach of any term in this Agreement is the sole determination of Babies Lane and will result in discipline, up to and including, termination of your account and legal action by Babies Lane.

Terms of Sale

All Products and services listed on the Site are subject to change, as is Product information, pricing, and availability. Babies Lane reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that Babies Lane will not be liable to you or any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a product is listed at an incorrect price or with incorrect information, Babies Lane shall have the right, before the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Your receipt of an order confirmation or charging your credit card/PayPal account, by Babies Lane does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

Any delivery dates provided by Babies Lane are estimates. We reserve the right to make deliveries in instalments. Babies Lane will send you an email when your order has shipped and you may review your order and shipping information on your account page.

Return Policy:  All sales from Babies Lane Boutique are final and cannot be exchanged. Babies Lane will only accept returns on products that are identified as eligible for return or are received damaged. Once Babies Lane confirms that your Product was returned under this policy, your credit card or PayPal account will be fully refunded. We do not accept any Product exchanges.

Return Procedures: All returns must be made within 14 days after the Product delivery date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned under the instructions received from contacting customer service as per the Site. You are solely responsible for the cost of delivery the returned Product. All Products not returned under the Return Procedures shall be sent back to you, and no credit or refund will be issued.

User Feedback and Content Submissions

Babies Lane welcomes your feedback, but if you send us or post or embed on the Site, App or via any Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (Submissions ), you represent and warrant to Babies Lane that you either own the Submission or have the right to grant Babies Lane the license described below. Babies Lane does not claim to own such Submission, only the rights you have licensed to us.

You agree that in making a Submission, Babies Lane shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Babies Lane, and that Babies Lane alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Babies Lane via the Site or otherwise, you: (a) agree not to make any Submission that violates in any way the User Agreement; (b) automatically grant Babies Lane a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights concerning any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these terms and conditions.

All images submitted to the Babies Lane website or app become the exclusive property of Babies Lane. By submitting an image or a video, you hereby irrevocably assign (and agree to assign) to Babies Lane, free and clear of any restrictions or encumbrances, all of your rights, title, and interest in and the image or video submitted. This assignment includes, without limitation, all worldwide copyrights in and to the image or video, and the right to sue for past and future infringements.

Babies Lane reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Site and will be removed.

Rights and Reservations

Babies Lane shall have the right to terminate your use of the Site and/or your registration privileges at any time for any reason, including, but not limited to, your breach of this User Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations may at any time modify or terminate the Site for any reason, without notice. We also reserve the right to refuse service to anyone for any reason at any time.

Babies Lane has the right, but not the obligation to, remove Site content; as well as suspend a customer’s account that it deems in violation of this Agreement. We will not tolerate any verbal or written abuse of any kind (including threats of abuse or retribution) of any Babies Lane customer, Babies Lane employee, member, or officer. Such conduct will result in immediate account termination.

Babies Lane may at any time request documentation proof of identification to determine account ownership and use. Babies Lane may suspend use during such a period until a determination can be made as to proper ownership of the said account.

You agree that any dispute or claim relating in any way to your Babies Lane purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court.

Furthermore, we each agree that any proceedings will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.

You must send a letter requesting arbitration and describing your claim to babieslaneboutique@gmail.com.

Limitation of Liability

You expressly and impliedly acknowledge and agree, the extent permitted by law, that Babies Lane shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or intangible damages resulting from the use of or inability to use the service. Furthermore, the extent permitted by law, Babies Lane, or our suppliers shall not be held liable for lost profits or any special, incidental or consequential damages arising out of or in connection with its site, its services or this agreement.

You agree to indemnify and hold harmless Babies Lane and (as applicable) its parent, subsidiaries, affiliates, as well as Babies Lane partners, officers, directors, agents, and employees, from any claims or demands, including reasonable attorneys fees, made by any third party related to your breach of this agreement and incorporated documents or violation of the rights of any third party.

You further acknowledge and affirm that your use of the Site is at your sole risk. Babies Lane has provided this Site on an as-is and as available; basis without any warranty or condition, whether it be express, implied, or statutory. Babies Lane makes no warranty as to the Site’s timeliness, security, interruption or errors therein.

You acknowledge and affirm that Babies Lane does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet any of your expectations, or that any errors in the Service will be corrected.

Waiver and Compete Agreement

These Terms and Conditions, together with the Privacy Policy constitute the User Agreement and represent the entire agreement between Babies Lane and you, and supersede any preceding and contemporaneous agreements between Babies Lane and you. The failure of Babies Lane to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision in this Agreement will be effective only if in writing and signed by a duly authorized representative of Babies Lane.

Customer Information

Babies Lane will not disclose any customer’s confidential information to third parties, except as required in the course of providing our services or by law. Confidential information includes any materials or information provided by you to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time Babies Lane received it; (b) comes into the public domain after Babies Lane received it through no fault of their own; (c) Babies Lane received it from someone other than the client’s without breach of this agreement or the herein confidentiality obligations; or (d) as required to disclose by law or court order.