Terms of Use & Conditions

Babilla - Terms of Use & Conditions

Please read carefully. YOUR USE OF THIS WEB SITE (hereinafter the "Site") CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. If you do not agree with any of these Terms and Conditions of Use, do not use this site. Babilla reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. We encourage you to review these Terms and Conditions of Use whenever you visit this Site. Materials contained within this Site are intended for Canada, United Kingdom, European Union and U.S. residents. Any deliveries requested for addresses outside these countries  are subject to study by Babilla.

1. License

When You, the user ("You"), use the Site, Babilla SAS ("Babilla") grants a limited revocable license to You to use the Site solely on behalf of Yourself or Your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use. You may download or copy the contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. This license expressly prohibits You, without limitation, from reselling the Site or any portion thereof or the services offered by Babilla, making any derivative work of the Site, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever. You may use this Site for legitimate informational and shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.

2. Registration and Password

In the event that you register and/or purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or Babilla suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Babilla, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Site by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Babilla of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Babilla will not be liable for any loss or damage arising from Your failure to comply with this paragraph.

4. Links to Other Sites

References on this Site to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any constitute or way imply an endorsement, sponsorship or recommendation by Babilla regarding the third party information, product or service. These sites are maintained by third parties over whom Babilla exercises no control. Babilla has not reviewed all sites linked to this Site and Babilla expressly disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third party site, You do so at Your own risk.

5. Statements Made in Describing Goods

BABILLA DOES NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED THEREIN WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABILLA CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOGUE, PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE WEB SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; BABILLA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. BABILLA IN ITS SOLE DISCRETION MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE WEB SITE AT ANY TIME.

6. Permission to Use Your Content

All information, ideas, suggestions or other communications You transmit to Babilla concerning the materials contained in this Site shall be on a non-confidential basis. By transmitting any suggestions, information, material, or other content (collectively, "User Content") to Babilla, You automatically grant Babilla the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, Babilla is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Site without compensation to You and for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.

7. Your Representations & Indemnification Obligation

You expressly represent and warrant to Babilla that You will use this Site, and any products purchased from Babilla, in accordance with all applicable local, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless Babilla and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use. You hereby waive and release Babilla from all rights of contribution or indemnity to which You otherwise may be entitled. Babilla reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Babilla in asserting any available defenses.

8. DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. BABILLA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR THE CATALOGUE, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABILLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BABILLA WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES AND/OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. If, for any reason, You are not completely satisfied with any purchase, simply return it to Babilla within 30 days of purchase for full credit or exchange. The item must be in its original packaging. Return shipping charges must be prepaid by You and You must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials and the original receipt must be included with any returned purchases. The item must not have been worn or altered in any way.

9. Colors and Pricing

Babilla makes every effort to display as accurately as possible the colors of its products that appear on the Site. However, as the actual colors You see will depend on Your monitor, Babilla cannot guarantee that Your monitor's display of any color will be accurate. While Babilla strives to provide accurate product and pricing information, pricing or typographical efforts may occur. Babilla cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Babilla shall have the right, in its sole discretion to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Babilla may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation. Prices and availability are subject to change without notice.

10. Acceptance

Please note that there may be certain orders that Babilla is unable to accept and must cancel. Babilla reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance. Babilla also may require additional verification or information before accepting any order. Babilla will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, Babilla will issue a credit to Your credit card in the amount of the charge. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Babilla reserves the right, without prior notification, to refuse service to any customer.

11. Quantity Limits and Dealer Sales

Babilla reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same Babilla account, the same credit card, and also to orders that use the same billing and/or shipping address. Babilla will provide notification to the customer e-mail and/or billing address should such limits be applied. Babilla also reserves the right to prohibit sales to dealers.

12. Shipment of Orders

Items ordered through Babilla are shipped via Federal express on approval. A street address is required for delivery. Processing time for in stock items is approximately 2 business days. Delivery times do not include processing time. At this time Babilla only ships merchandise to Canada, United States of America, United Kingdom and the European Union. Additional charges may be applied to merchandise shipped to other countries. Oversized and heavy items cannot be shipped to APO/FPO addresses.

13. Sales Tax & Import Tariffs

Babilla operates in Colombia. Current law does not require Babilla to collect sales taxes if the order is processed as an export (outside of Colombia). Current trade agreements between Colombia and The United States of America exempt all of Babilla' products of an import tariff when entering  the U.S.. Exports from Colombia to other countries can be subject to an import/customs tariff.  YOU ARE LIABLE FOR All IMPORT TARIFFS/CUSTOM TAXES WHEN APPLICABLE. Applicable sales taxes will be clearly displayed on Your order at order completion time. Applicable custom taxes are NOT displayed on your order at or completion time except in the case of U.S. orders. NOTE: Tax rates are subject to change at any time.

14. LIMITATION OF LIABILITY

NEITHER BABILLA NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR THE CATALOGUE, THE INABILITY TO USE THIS SITE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOGUE, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE, OR TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOGUE, EVEN IF BABILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BABILLA ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO BABILLA FOR ANY SINGLE RELEVANT PRODUCT AT ISSUE OR ONE THOUSAND DOLLARS ($500). YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOGUE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOGUE, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE, AND TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOGUE.

15. Intellectual Property Rights

All materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by Babilla, its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to United States copyright, patent, trade secret, trade dress and trademark law, as well as other state, national, and international laws and regulations. Babilla expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of Babilla' or any third party's intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Babilla and is also protected by United States and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that Babilla actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

16. Privacy Policy

The Privacy Policy for this Site is incorporated in these Terms and Conditions of Use by reference as if set forth fully herein. In the event of a conflict between these Terms and Conditions and the Privacy Policy, the provisions of the Privacy Policy shall control.

17. Communications on Internet; Events Beyond Babilla' Control

Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Babilla has endeavored to create a secure and reliable Site, Babilla and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. Babilla cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can Babilla provide assurances that transactions will be completed properly. Babilla is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). Babilla not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

18. Security of Site

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the Site or violations of system or network security may result in criminal and/or civil prosecution. For Your protection, Babilla reserves the right to view, monitor, and record activity on the Site without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. In addition, Babilla will comply with all court orders involving requests for such information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Babilla on this Site or from generally available third party web browsers.

19. Governing Law

This Site (excluding any links) is owned and controlled by Babilla SAS ("Babilla") from its offices in Medellin, Colombia. Although this Site can be accessed from other locations, by accessing this Site, You agree that the statutes and laws of Colombia, without regard to conflict of laws, will apply to all matters relating to use of this Site. In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use or Your use of this Site may be brought only in Colombia and You agree to and consent to the exclusive personal jurisdiction and venue of the courts in Colombia. You are responsible for Your own compliance with local laws regarding Internet use and access.

20. Notices

Any notices shall be given by e-mail to info@babilla.com (in the case of Babilla) or to the e-mail address that You provide to Babilla or such other address as either party shall specify. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Babilla may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Babilla during the registration process. In addition, you may give Babilla notice by certified mail, postage prepaid and return receipt requested, to Babilla, Carrera 39 No.5A 95 Oficina 706 Medellin, Colombia: In case of notice via certified mail, notice shall be deemed given five (5) days after the date of mailing.

21. Construction

The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived there from. These Terms and Conditions of Use will not be construed for or against either party based on the draftsmanship thereof. No other provisions or changes are binding upon Babilla unless reduced to writing and signed by an authorized Babilla representative. If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.

22. Termination

These Terms and Conditions of Use constitute an agreement that is effective until terminated by Babilla at any time without notice. Babilla may terminate Your right to use this Site immediately without notice to You if, in Babilla' sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use. In the event of termination, You will no longer be authorized to access this Site. The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use. You may terminate these Terms and Conditions of Use at any time, provided that You discontinue any further use of this Site.

23. Miscellaneous

These Terms and Conditions of Use constitute the entire agreement between You and Babilla relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by Babilla at any time on without prior notice, by posting such changes at the Site. Modifications required by law or designated by Babilla will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Babilla to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Babilla' rights with respect to such breach or any subsequent breaches.