Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THIS SITE. BY ACCESSING AND USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT.
Disclaimers:
GOOBY BABY, LLC DOES NOT AND CANNOT WARRANT THAT THE SITE (INCLUDING ANY ELEMENT OF THE SITE OR ITS SERVERS WILL BE ERROR-FREE; UNINTERRUPTED, FREE FROM VIRUSES AND/OR UNAUTHORIZED ACCESS, OR OTHER HARMFUL MATERIAL. YOUR USE OF THIS SITE (INCLUDING ANY ELEMENT OF THIS SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY OR NON-INFRIGMENT OF INTELLECTUAL PROPERTY. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOOBY BABY, LLC HERBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOOBY BABY, LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION).
Although Gooby Baby, LLC strives to provide thorough and accurate materials on its site, we make no warranties about the accuracy, reliability, completeness or timeliness of the material, services, software, text, graphics, and links.
Restrictions on Use of the Site: You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:
Content Pricing and Accuracy: All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
Shipping Charges and Limitations: When a product order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All product purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
Order and Payment Information: All prices and shipping charges are in US dollars. Foreign currency transaction bank or credit card fees may apply. If you use the Site to purchase a product, payment must be received by Gooby Baby, LLC prior to Gooby Baby, LLC’s acceptance of an order, unless otherwise agreed upon by both parties. Gooby Baby, LLC may need to verify information you provide before accepting an order, and may cancel or limit an order at any time after it has been placed, including, but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Gooby Baby, LLC will refund any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Gooby Baby, LLC expressly conditions its acceptance of an order on your agreement to the Terms. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address provided to us. If you do not want us to reattempt to process payment, you much cancel your order within 48 hours of us sending you the email.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Gooby Baby, LLC is registered to you. Gooby Baby, LLC shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Gooby Baby, LLC. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
Shipping: Unless otherwise noted, Gooby Baby, LLC will use its best efforts to ship products within 3 business days of the receipt of a properly completed order. However, any delivery or shipment date provided by Gooby Baby, LLC is a good-faith estimate. Product availability may be limited and particular products may not be available for immediate delivery. Gooby Baby, LLC cannot ship to P.O. boxes.
Gooby Baby, LLC may prohibit delivery to addresses outside the United States. Gooby Baby, LLC will add shipping and handling fees and applicable sales/use tax. Gooby Baby, LLC reserves the right without prior notices to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or reference to, products not owned by Gooby Baby, LLC on the Site do not imply endorsement of that product, or constitute a warranty, by Gooby Baby, LLC.
If your delivery address is outside of the United States, you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be born by you.
Credit Card Authorization: When you purchase a good or service on the Site, you authorize us (through our third party payment processor) to charge you, using the credit card information you provide on our payment page, for that product. We accept most major payment cards (debit, credit) such as Visa, MasterCard, American Express, Discover, PayPal, etc., as forms of payment for our goods and services. We are not able to process any other forms of payment.
Refunds/Credits: We are happy to accept returns within 30 days of your original purchase, as long as all items are unopened, unused, and still in their original packaging. Please send an email to info@goobybaby.com with your name, original date of purchase, and reason for return. We will then provide you with further instruction to complete the return. Gooby Baby, LLC will not be responsible for return shipping expenses. Upon receipt of the product meeting the requirements, a refund will be processed within 7 business days to your original form of payment.
If your package arrives damaged beyond normal shipping wear and tear, please contact us at info@goobybaby.com , and we will determine at our discretion if a replacement package or refund is appropriate based on the information you provide.
Intellectual Property: The name Gooby Baby, LLC and our logos included in the Site material, unless otherwise noted, are trademarks owned by or licensed to Gooby Baby, LLC or an affiliated company. From time to time, we may reference trademarks owned and used by third parties for the purpose of referring to the goods or services of such third party. Any such marks are clearly noted, and Gooby Baby, LLC makes no claim to ownership of those marks.
Prohibited Acts: As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: (1) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it (2) send materials that reveals trade secrets, unless you own them or have the permission of the owner; (3) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (4) send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (5) send sexually explicit images; (6) send advertisements or solicitations of business; (7) send chain letters or pyramid schemes; or (8) impersonate another person. We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any posts from this Site. The violation of any of the terms and conditions set forth in these Terms may result in your prohibited access to the Site.
Indemnity: by using this Site, you agree to defend, indemnify and hold harmless Gooby Baby, LLC, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Gooby Baby, LLC may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms. Gooby Baby, LLC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Limitations of Liability: Gooby Baby, LLC does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, linking to a third party site, or your downloading of any materials or information from the Site. Gooby Baby, LLC will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL GOOBY BABY, LLC OR ITS RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, VENDORS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION OR MATERIALS CONTAINTED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
About these terms: We may modify these terms or any additional terms that apply to a goods or service to, for example, reflect changes to the law or changes to our goods or services. You should look at the terms regularly. We’ll post notice of modification to these terms on this page. Changes will not apply retroactively, and for those made for legal reasons, will be effective immediately. If you do not agree to the modified terms, you should discontinue use of the Site.
Update: May 2018
Disclaimers:
GOOBY BABY, LLC DOES NOT AND CANNOT WARRANT THAT THE SITE (INCLUDING ANY ELEMENT OF THE SITE OR ITS SERVERS WILL BE ERROR-FREE; UNINTERRUPTED, FREE FROM VIRUSES AND/OR UNAUTHORIZED ACCESS, OR OTHER HARMFUL MATERIAL. YOUR USE OF THIS SITE (INCLUDING ANY ELEMENT OF THIS SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY OR NON-INFRIGMENT OF INTELLECTUAL PROPERTY. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOOBY BABY, LLC HERBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOOBY BABY, LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION).
Although Gooby Baby, LLC strives to provide thorough and accurate materials on its site, we make no warranties about the accuracy, reliability, completeness or timeliness of the material, services, software, text, graphics, and links.
Restrictions on Use of the Site: You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:
- Gain access, or attempt to gain access, to any portion of this Site, or any systems or networks connected to this Site, by hacking, password mining, or any other illegitimate or unlawful means.
- Create or maintain any link from another website to any page on this Site without Gooby Baby, LLC’s prior written permission.
- Modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose
- Collect any data or information regarding users and/or devices including usernames, personal information, preferences, email addresses or accounts
Content Pricing and Accuracy: All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
Shipping Charges and Limitations: When a product order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All product purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
Order and Payment Information: All prices and shipping charges are in US dollars. Foreign currency transaction bank or credit card fees may apply. If you use the Site to purchase a product, payment must be received by Gooby Baby, LLC prior to Gooby Baby, LLC’s acceptance of an order, unless otherwise agreed upon by both parties. Gooby Baby, LLC may need to verify information you provide before accepting an order, and may cancel or limit an order at any time after it has been placed, including, but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Gooby Baby, LLC will refund any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Gooby Baby, LLC expressly conditions its acceptance of an order on your agreement to the Terms. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address provided to us. If you do not want us to reattempt to process payment, you much cancel your order within 48 hours of us sending you the email.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Gooby Baby, LLC is registered to you. Gooby Baby, LLC shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Gooby Baby, LLC. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
Shipping: Unless otherwise noted, Gooby Baby, LLC will use its best efforts to ship products within 3 business days of the receipt of a properly completed order. However, any delivery or shipment date provided by Gooby Baby, LLC is a good-faith estimate. Product availability may be limited and particular products may not be available for immediate delivery. Gooby Baby, LLC cannot ship to P.O. boxes.
Gooby Baby, LLC may prohibit delivery to addresses outside the United States. Gooby Baby, LLC will add shipping and handling fees and applicable sales/use tax. Gooby Baby, LLC reserves the right without prior notices to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or reference to, products not owned by Gooby Baby, LLC on the Site do not imply endorsement of that product, or constitute a warranty, by Gooby Baby, LLC.
If your delivery address is outside of the United States, you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be born by you.
Credit Card Authorization: When you purchase a good or service on the Site, you authorize us (through our third party payment processor) to charge you, using the credit card information you provide on our payment page, for that product. We accept most major payment cards (debit, credit) such as Visa, MasterCard, American Express, Discover, PayPal, etc., as forms of payment for our goods and services. We are not able to process any other forms of payment.
Refunds/Credits: We are happy to accept returns within 30 days of your original purchase, as long as all items are unopened, unused, and still in their original packaging. Please send an email to info@goobybaby.com with your name, original date of purchase, and reason for return. We will then provide you with further instruction to complete the return. Gooby Baby, LLC will not be responsible for return shipping expenses. Upon receipt of the product meeting the requirements, a refund will be processed within 7 business days to your original form of payment.
If your package arrives damaged beyond normal shipping wear and tear, please contact us at info@goobybaby.com , and we will determine at our discretion if a replacement package or refund is appropriate based on the information you provide.
Intellectual Property: The name Gooby Baby, LLC and our logos included in the Site material, unless otherwise noted, are trademarks owned by or licensed to Gooby Baby, LLC or an affiliated company. From time to time, we may reference trademarks owned and used by third parties for the purpose of referring to the goods or services of such third party. Any such marks are clearly noted, and Gooby Baby, LLC makes no claim to ownership of those marks.
Prohibited Acts: As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: (1) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it (2) send materials that reveals trade secrets, unless you own them or have the permission of the owner; (3) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (4) send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (5) send sexually explicit images; (6) send advertisements or solicitations of business; (7) send chain letters or pyramid schemes; or (8) impersonate another person. We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any posts from this Site. The violation of any of the terms and conditions set forth in these Terms may result in your prohibited access to the Site.
Indemnity: by using this Site, you agree to defend, indemnify and hold harmless Gooby Baby, LLC, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Gooby Baby, LLC may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms. Gooby Baby, LLC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Limitations of Liability: Gooby Baby, LLC does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, linking to a third party site, or your downloading of any materials or information from the Site. Gooby Baby, LLC will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL GOOBY BABY, LLC OR ITS RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, VENDORS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION OR MATERIALS CONTAINTED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
About these terms: We may modify these terms or any additional terms that apply to a goods or service to, for example, reflect changes to the law or changes to our goods or services. You should look at the terms regularly. We’ll post notice of modification to these terms on this page. Changes will not apply retroactively, and for those made for legal reasons, will be effective immediately. If you do not agree to the modified terms, you should discontinue use of the Site.
Update: May 2018