Thank you for choosing to shop with Hazel Baby & Kids. Please carefully read these Terms and Conditions (the “Terms”), which constitute the legal agreement (“Agreement”) between you (“you”, “your” or “User”) and Hazel Baby LLC (“Hazel Baby & Kids”) (address: 199 Montgomery Street, Jersey City, NJ 07302) with respect to your access to and use of Hazel Baby’s website located at URL www.hazelbaby.com, and any applications, platforms, services, subdomains, or other resources distributed on or made available through www.hazelbaby.com (the “Site”). These Terms shall apply to all persons and entities who access the Site, including, without limitation, persons and entities who create an account or purchase items through the Site (“Customers”).
The Hazel Baby & Kids Site offers for sale and provides information regarding a variety of children’s clothing products, accessories, and toys.
THESE TERMS MAY BE UPDATED, AMENDED, OR SUBSTITUTED BY HAZEL BABY LLC FROM TIME TO TIME WITHOUT NOTICE TO YOU, WITH SUCH UPDATED, AMENDED, OR SUBSTITUTED TERMS TO BE EFFECTIVE UPON THEIR BEING POSTED ON THE SITE OR VIA HYPERLINK FROM ANY OF SUCH SITE PAGES.
HAZEL BABY RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY SITE OR ANY SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT HAZEL BABY LLC WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE.
1.1 This Site is not for use by persons under the age of 18 (“Minors”). Minors may not use the Site and may not become Customers. By using the Site, you represent and warrant that you are at least 18 years of age.
1.2 By accessing or using the Site, you represent and warrant that you have the right, legal capacity and authority to enter into this Agreement and to comply with the Terms of this Agreement.
1.3 If you use the Site from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site.
2.1 Account Creation. To use certain features of the Site (e.g., make purchases from the Site), you must register for an account with Hazel Baby (your “Account”) and provide certain personal information (“Registration Information”) when prompted by the Site registration form.
2.1.1 You represent and warrant that: (a) all required Registration Information you submit is truthful and accurate; (b) you will maintain the accuracy of such Registration Information; and (c) your use of the Site does not violate any applicable law or regulation or the Terms of this Agreement.
2.1.2 If any of your Registration Information changes, you must update it by accessing your Account on the homepage of the Site and clicking “edit profile.”
2.1.3 You may de-activate your Account at any time, for any reason, by contacting [email protected].
2.2 Account Use. Your Account is for your sole, personal use. You are fully responsible for all activities associated with your Account. You agree that you are solely responsible for maintaining the confidentiality of your Registration Information, including your user ID and password. You may not authorize others to use your user ID, password, or Registration Information. You may not sub-license, transfer, sell or assign your user ID, password, and Registration Information, and/or your rights or obligations under this Agreement to any other person or entity without Hazel Baby’s written approval. Any attempt to do so without such approval will be null and void and shall be considered a material breach of this Agreement.
3. USE OF THE SITE.
3.1 Unless otherwise specified, the Site is intended for your personal use only. You may not authorize others to use the Site, and you are responsible for all use of the Site by you and by those you allow to use, or provide access to, the Site.
3.2 The Site contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including, but not limited to, code and software, from the Site. You may download material from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices.
3.3 The Site is not intended for users under the age of 18, and Hazel Baby does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to Hazel Baby. Any information submitted by such users will not knowingly be used, posted, or retained by Hazel Baby.
3.4 You agree not to use any obscene, indecent, or offensive language or to place on the Site any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
3.5 The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Hazel Baby and/or Hazel Baby licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
3.6 You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement.
3.7 You acknowledge that Hazel Baby has not reviewed and does not endorse the content of all sites linked to from this Site and that Hazel Baby is not responsible for the content or actions of any other sites linked to from this Site. Your linking to any service or site is at your sole risk.
4. TERMS OF SALE.
4.1 Inaccuracies. All products or services listed on the Site are subject to change, as is product information, pricing, and availability. Hazel Baby makes all reasonable efforts to accurately display the attributes of products, including the applicable colors and descriptions. Hazel Baby cannot guarantee that your computer or device will accurately display such products. In the event a product is listed at an incorrect price or with incorrect information, Hazel Baby shall have the right, prior to 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 charged.
4.2 Terms of Payment. For each product you order on the Site, you agree to pay the price for the product at the time you submitted your order, the delivery fees for the delivery service you select, and any applicable taxes. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Hazel Baby for any reason, including charge back, we reserve the right to either suspend or terminate your account and all your obligations under this Agreement. Hazel Baby’s ecommerce platform and order processing is managed by a third party vendor, Lightspeed POS Inc. Hazel Baby will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorized access to data that you have provided to Hazel Baby or Lightspeed POS Inc. when ordering from the Site.
4.3 Orders. Hazel Baby reserves the right, in its absolute and sole discretion, to limit or cancel any order. Hazel Baby reserves the right, at any time after receipt of your order, to accept or decline or cancel your order (in whole or in part) for any reason. Hazel Baby may require additional verifications or information before accepting or shipping 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 Hazel Baby cancels all or a part of your order, your sole and exclusive remedy is that Hazel Baby issues a refund to your original payment method in the amount charged for the cancelled portion (if your credit card has already been charged for the order), or not charge your credit card for the cancelled portion of the order.
5. SHIPPING, RETURN AND EXCHANGE POLICIES.
5.1 Return Policy. Hazel Baby and the products provided to you on and via the Site are provided on an “AS-IS” basis. Hazel Baby may, in Hazel Baby’s sole and absolute discretion, accept in-store returns within fifteen (15) days from the date your order was shipped. Items returned with obvious use or damage will be subject to refusal in Hazel Baby’s sole and absolute discretion. Proof of purchase is required. Refunds are processed through Lightspeed POS Inc. and will be subject to Lightspeed POS Inc.’s terms and conditions. Gift cards cannot be returned or refunded. You are solely responsible for the cost of shipping & handling of any returned products.
5.2 Shipping Policy. All delivery dates provided by Hazel Baby are estimates, and Hazel Baby reserves the right to make shipments of purchases in installments. Subsequent to making a purchase on the Site, Hazel Baby will send you an email confirmation, to the email address provided in your Account, when your order has shipped. Shipping and handling information may be reviewed on your Account page. Hazel Baby ships within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia, the European Union and many other countries throughout the world. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to the Customer upon Hazel Baby’s delivery to carrier at shipping point.
6. INTELLECTUAL PROPERTY.
6.1 Hazel Baby respects the intellectual property of others. Hazel Baby owns and retains all proprietary rights in the Site, and in all content, trade names, service marks, trademarks and other intellectual property related to the Site. Other certain trademarks, trade names, service marks and logos used or displayed on the Site, are registered and unregistered trademarks, trade names, service marks and logos of Hazel Baby affiliates and third party organizations. Nothing contained on the 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 the Site without the written permission of Hazel Baby or such other owner.
6.2 If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright or other intellectual property rights, you may notify Hazel Baby by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to Hazel Baby’s copyright agent at: [email protected].
7. RISK OF DAMAGE; DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK, AND THAT YOUR ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. THE SITE IS PROVIDED “AS IS”, AND HAZEL BABY, HAZEL BABY’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE SITE OR PROVIDED BY THE SITE. HAZEL BABY, HAZEL BABY’S EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE WEBSITE.
8. LIMITATION OF LIABILITY. HAZEL BABY, HAZEL BABY’S AFFILIATES, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT (OTHER THAN WITH RESPECT TO GOODS ACTUALLY PURCHASED FROM HAZEL BABY, AND ONLY TO THE EXTENT OF THE PURCHASE PRICE THEREOF), INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, SUSTAINED OR ARISING OUT OF THIS AGREEMENT, THE SITE, THE SALE OR PURCHASE OF ANY GOODS OR SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING, BUT NOT LIMITED TO, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM OR THROUGH THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF HAZEL BABY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. THIRD PARTY SITES.
9.1 From time to time, the Site may contain links to websites of third parties and advertisements of third party products and services. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. These third parties and their websites are not under Hazel Baby control. Hazel Baby does not examine or evaluate these websites and is not responsible for their content or operation. By providing links to these websites, neither Hazel Baby, nor any of Hazel Baby’s respective affiliates, approves, warrants, endorses, or otherwise makes any representation about these websites or their owners or operators, and does not assume any related responsibility or liability. If you decide to access any other websites linked to or from the Site, you do so entirely at your own risk. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
9.2 You expressly release Hazel Baby from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that Hazel Baby is not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.
10. TERM AND TERMINATION. Hazel Baby may terminate your Account and suspend your use of the Site at any time, without notice, if Hazel Baby believes that you have breached this Agreement, or for any other reason in Hazel Baby’s sole and absolute discretion. You will remain personally liable for any orders placed, or charges incurred, through your Account prior to termination.
11. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Hazel Baby, and Hazel Baby’s affiliates, officers, employees, agents, representatives, assignees, and third party service providers, for any losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of your use of the Site or any breach by you of the Terms of this Agreement.
12. COMMUNICATIONS AND NOTICES. When you create an Account, you agree and consent to receive emails from Hazel Baby. These emails may be transactional or communications relating to the Site, such as administrative notices, service announcements, or commercial offers, promotions or special offers from Hazel Baby or Hazel Baby third party partners. Hazel Baby may provide you with notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, or postings on the Site. Notices will be deemed delivered upon Hazel Baby’s sending of same.
13. CUSTOMER SERVICE AND COMPLAINTS. To resolve a complaint regarding the Site, you should first contact Hazel Baby at: [email protected]. When communicating with Hazel Baby regarding any complaint, you agree not to be abusive, obscene, profane, offensive, threatening or otherwise behave inappropriately.
14. GENERAL. Hazel Baby may assign its rights under this Agreement to any entity that acquires all or substantially all of the assets or equity of Hazel Baby, or to any affiliate of Hazel Baby. You agree that New Jersey law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of New Jersey, Hudson County, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of New Jersey, Hudson County in connection with the Site or this Agreement. This Agreement, accepted upon using the Site, contains the entire agreement between you and Hazel Baby regarding the use of the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.