TERMS OF SERVICE
TERMS OF SERVICE
Overview
This website is operated by BabyNera. Throughout the site, the terms “we,” “us,” and “our” refer to BabyNera. We are proud to offer this website to you — along with the information, tools, and services available here — conditioned upon your acceptance of the terms, conditions, policies, and notices outlined below.
By visiting our site and/or purchasing from us, you are engaging in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced here or available via hyperlink. These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants, and content contributors.
We encourage you to read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all of the terms and conditions of this agreement, we kindly ask that you refrain from using our site or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the store will also be subject to the current Terms of Service. You can review the most up-to-date version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with a secure and reliable e-commerce platform to offer our products and services to you.
At BabyNera, we deeply value your trust and are committed to creating a supportive, safe, and positive experience for every family we serve. Thank you for being here with us.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have provided your consent to allow your minor dependents to use this site. We trust our community to use our products responsibly, and we kindly ask that you do not use our products for any illegal or unauthorized purposes. This includes abiding by all laws in your jurisdiction, such as copyright regulations.
We also ask that you help keep our community safe by not transmitting any harmful elements, such as worms, viruses, or any code of a destructive nature. We are committed to providing a positive and secure experience for all, and a breach or violation of these Terms will unfortunately result in the immediate termination of your Services to ensure the safety and integrity of our platform.
Section 2 - General Conditions
We care deeply about the experience of all our customers and reserve the right to refuse service to anyone if necessary, at any time. We hope for understanding that this helps us maintain a safe and positive environment for everyone.
Please note that while we strive to protect your information, some content you provide (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) adjustments to meet the technical requirements of connecting networks or devices. Rest assured, your credit card information is always encrypted during transfers over networks to keep it safe and secure.
We kindly ask that you respect our work by not reproducing, duplicating, copying, selling, reselling, or exploiting any part of our Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are there to help you navigate easily but do not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
While we strive to provide accurate and up-to-date information on our site, we want to be transparent that there may be times when some information is not entirely accurate, complete, or current. The material on this site is meant for general information purposes only and should not be the sole basis for making important decisions. We encourage you to consult more reliable, complete, or timely sources of information before making any decisions based on what you find here. Any reliance on the material on this site is at your own risk.
Please note that some content on our site may include historical information, which is provided for your reference and may not reflect the most current data. We reserve the right to modify the content on our site at any time, but we are not obligated to update any information. We encourage you to check back regularly for any changes or updates. Your understanding and diligence in keeping informed are greatly appreciated.
Section 4 - Modifications to the service and prices
Please note that prices for our products may change from time to time without prior notice. We also reserve the right to modify or discontinue any part of our Service, or any content on the site, at any time without notice. We understand that changes can be unexpected, and we are committed to being as transparent as possible about any updates. However, we are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of our Service. We appreciate your understanding and flexibility as we strive to offer you the best experience possible.
Section 5 - Products
Some of our products are available exclusively online through our website and may have limited quantities. These items are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display the colors and images of our products as accurately as possible in our store, but please note that we cannot guarantee that your computer monitor’s display of any color will be completely accurate.
We also reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. Additionally, we may limit the quantities of any products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time.
Please understand that any offer for a product or service on this site is void where prohibited. While we strive to provide high-quality products and services, we cannot guarantee that they will always meet your expectations or that any errors in our service will be corrected immediately. We appreciate your understanding and are always here to assist you with any concerns or questions you may have.
Section 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We always aim to provide a positive shopping experience for everyone, but please be aware that we reserve the right to refuse any order you place with us. In certain situations, we may need to limit or cancel quantities purchased per person, per household, or per order. These restrictions could apply to orders placed under the same customer account, using the same credit card, and/or orders that share the same billing or shipping address.
If we need to make a change to or cancel an order, we will do our best to notify you promptly via the email, billing address, or phone number provided at the time of purchase. Additionally, we reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
To ensure a smooth and seamless transaction process, we kindly ask you to provide current, complete, and accurate purchase and account information for all purchases made at our store. Please remember to promptly update your account and other information, including your email address and credit card details, so we can complete your transactions and reach you if needed.
For more information, please take a moment to review our Returns Policy. Your understanding and cooperation are greatly appreciated, and we are here to assist with any questions or concerns you may have.
SECTION 7 - OPTIONAL TOOLS
To enhance your experience, we may offer access to third-party tools on our site. Please note that these tools are provided “as is” and “as available,” and we do not monitor, control, or provide input on these tools. By using them, you acknowledge and agree that we provide access without any warranties, representations, or conditions of any kind, and without any endorsement. Therefore, we cannot be held liable for any issues that may arise from your use of these optional third-party tools.
If you choose to use these optional tools, it is entirely at your own discretion and risk. We encourage you to familiarize yourself with the terms provided by the relevant third-party provider(s) to ensure they meet your expectations and needs.
As we continue to grow, we may introduce new services and features to our website, including the release of new tools and resources. Please know that these new offerings will also be governed by these Terms of Service. We hope these additions will enhance your experience, and we appreciate your trust in exploring them with us.
SECTION 8 - THIRD-PARTY LINKS
parties. You might also find links on our site that direct you to websites operated by third parties that are not affiliated with us. While we strive to provide valuable resources, we want to let you know that we are not responsible for examining or evaluating the content or accuracy of these third-party materials or websites. Therefore, we cannot guarantee or be held liable for any third-party materials, websites, or any other products and services they offer.
We kindly remind you that we are not liable for any harm, damages, or issues that may arise from the purchase or use of goods, services, resources, content, or any transactions made in connection with third-party websites. We encourage you to review their policies and practices carefully and ensure you fully understand them before engaging in any transactions.
If you have any complaints, claims, concerns, or questions regarding third-party products, we recommend reaching out directly to the third party. Your diligence and caution in these matters are always appreciated, and we are here to help guide you as needed.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We love hearing from you and appreciate your ideas, suggestions, and creative input! If you share specific submissions with us (such as contest entries) or send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or any other way (collectively referred to as 'comments'), you agree that we may, at any time, edit, copy, publish, distribute, translate, and use your comments in any medium, without restriction.
Please note that while we value your feedback, we are not obligated to:
- Maintain any comments in confidence.
- Provide compensation for any comments.
- Respond to any comments.
We may, but are not required to, monitor, edit, or remove content that we find, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
When sharing your comments, we kindly ask that you ensure they do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Please also make sure that your comments are free from libelous, abusive, or obscene material, and do not contain any viruses or malware that could impact the operation of our Service or website.
We also ask that you use a valid email address and represent yourself truthfully. Misleading us or third parties about the origin of any comments is not allowed. You are fully responsible for the comments you make and their accuracy. We do not take responsibility or assume liability for any comments posted by you or any third party.
We appreciate your understanding and cooperation in keeping our community respectful and positive!
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
We strive to provide accurate and up-to-date information on our site, but occasionally there may be some information that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or even cancel orders if we find any information on our site or related websites to be inaccurate—this may happen at any time without prior notice, including after you have submitted your order.
While we aim to keep everything as current as possible, we are not obligated to update, amend, or clarify information in our Service or on any related website, including pricing information, unless required by law. Please be aware that no specific update or refresh date on our site or any related website should be taken to mean that all information has been modified or updated.
We appreciate your understanding and are always here to assist if you have any questions or concerns.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
While we strive to provide the best possible experience, we want to be transparent that we do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We also cannot guarantee that the results obtained from using the service will always be accurate or reliable. Occasionally, we may need to remove the service for indefinite periods or cancel the service altogether without prior notice.
By using our service, you agree that your use of, or inability to use, the service is at your own risk. All products and services delivered to you through our service are provided 'as is' and 'as available,' unless expressly stated otherwise by us. This means they come without any representations, warranties, or conditions of any kind—whether express or implied—including any implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, or non-infringement.
In no event shall Missouly Urns, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. These limitations apply to any situation arising from your use of our service or any products procured through the service, or for any other claim related in any way to your use of the service or any product. This also includes any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) made available via the service, even if we have been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such places, our liability will be limited to the maximum extent permitted by law.
We appreciate your understanding and are here to assist you with any questions or concerns.
SECTION 14 - INDEMNIFICATION
By using our service, you agree to help protect Babynera, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands made by third parties. This includes covering reasonable attorneys’ fees that may arise due to your breach of these Terms of Service or any documents they reference, or if you violate any law or the rights of a third party.
We truly value your cooperation in keeping our community safe and respectful. Your understanding and commitment to following our terms help ensure a positive experience for everyone.
SECTION 15 - SEVERABILITY
If any part of these Terms of Service is found to be unlawful, void, or unenforceable, that specific part will still be enforced to the maximum extent allowed by law. The portion that is unenforceable will be considered separate from these Terms of Service, and this will not affect the validity and enforceability of the remaining provisions.
We appreciate your understanding and cooperation in helping us maintain a fair and balanced agreement for everyone.
SECTION 16 - TERMINATION
The obligations and liabilities of both parties that are incurred before the termination date will continue to apply even after this agreement has ended. These Terms of Service will remain in effect unless they are terminated by either you or us. You can choose to terminate these Terms of Service at any time by letting us know that you no longer wish to use our Services or by simply discontinuing your use of our site.
If, in our judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have not adhered to them, we may terminate this agreement at any time without prior notice. In such cases, you will still be responsible for any amounts due up to and including the date of termination. We may also restrict your access to our Services (or any part of them) if necessary.
We value your understanding and cooperation in ensuring a positive experience for everyone.
SECTION 17 - ENTIRE AGREEMENT
If we choose not to exercise or enforce any right or provision outlined in these Terms of Service, it does not mean we are waiving that right or provision. These Terms of Service, along with any policies or guidelines we post on this site regarding our Services, represent the entire agreement and understanding between you and us. They govern your use of our Services and replace any prior or simultaneous agreements, communications, or proposals, whether they were made orally or in writing (including any previous versions of the Terms of Service).
If there are any ambiguities in interpreting these Terms of Service, they should not be interpreted against the party that drafted them. We are committed to clarity and fairness in all our communications.
SECTION 18 - GOVERNING LAW
These Terms of Service, along with any separate agreements under which we provide you with our Services, will be governed by and interpreted in accordance with the laws of New Zealand. We appreciate your understanding and cooperation in adhering to these guidelines as we strive to offer the best experience possible.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You are always welcome to review the most current version of our Terms of Service on this page at any time. We may update, change, or replace any part of these Terms at our sole discretion by posting updates directly to our website. We encourage you to check back periodically to stay informed of any changes. By continuing to use or access our website or Services after any updates are posted, you are agreeing to the revised Terms.
We appreciate your understanding and commitment to staying up to date with our Terms as we work to provide a better experience for you.