|
PRIVACY NOTICE
Our Promise
We want you, as our guest, to feel safe and secure while browsing and making purchases from Bare Naked Babies (“BNB”). For this reason, BNB has created and instituted policies to demonstrate its firm commitment to ensuring and protecting your personal privacy. What is written herein below discloses the information gathering and dissemination practices that are employed by BNB and its Site. Please be aware that this policy may change at any time and from time to time therefore we encourage you to check back periodically.
Information Gathering
While visiting BNB and its Site you may engage in several activities including but not limited to registering with BNB to create a personal account, searching for and adding products to your basket, and completing your purchase, which require you to provide BNB with personal information. Personal information such as your name, company, e-mail, phone number, mailing address, credit card and billing information may be required to complete these certain transactions etc. BNB is entitled to verify all personal information submitted to the Site. BNB then stores your customer information and uses it to respond to your requests, process your order(s), and/or to communicate with you etc, which allows BNB to provide customer satisfaction and operate at the highest level possible.
BNB does not currently sell, trade, or rent the list of customer e-mail addresses to any third parties.
Other Uses of Information
BNB may occasionally disseminate e-mail messages, flyers, and/or other mail to people whose e-mail or postal address information we have collected or received. The recipients of e-mail messages from BNB may remove themselves from the e-mail list; each e-mail messages sent includes instructions on how to unsubscribe. Additionally, should you rather not receive any such marketing from BNB, you can always change your account preferences logging into your account information and altering your settings. This helps us be sure that we are contacting those people who wish to stay informed of our latest news, products, services, and/or promotions etc. Notwithstanding the above, we will send you e-mail messages necessary to confirm your order and shipping information when you complete a purchase. We further reserve the right to also contact you by phone, e-mail, or postal mail if we have a question or otherwise need to communicate with you regarding your order or purchase.
Every so often, BNB may also include information in e-mail messages to you about one or more of the companies with which we have a relationship. These e-mail messages are ways for you to learn about other fun places to visit and the products and services these companies provide. Since we send these e-mails to you on their behalf, there is no need to worry about these companies getting your e-mail address from us. If you rather not receive such e-mail messages, login and change your account preferences.
No Thanks, Unsubscribe Me Please
BNB understands our customers are busy and often don’t appreciate receiving marketing or promotional e-mail messages. If this is the case, please request to be removed from our mailing list. This can be accomplished in the following ways:
- Modify your account preferences if you are registered with BNB
- E-mail us with your request at info@barenakedbabies.com
User ID and Password
When you register with BNB, whether by creating a new account or as part of the checkout process when completing your first purchase, you will be asked to create a User ID and Password. Additionally, you will be required to fill out a questionnaire, which will function as your personal profile in the future. The information contained in your personal profile and/or account will be stored by BNB so that you can quickly access your account, make purchases, check order statuses and history, update your personal information etc. Your account is available to only you by accessing it with the User ID and Password you previously created. Always keep your BNB User ID and Password secret as it is your only source of identification for return or exchange purposes. In the event that you ever receive information regarding a transaction you never placed or other types of questionable communications regarding your customer account, please contact BNB immediately at info@barenakedbabies.com.
Cookies
The term cookies is defined as small pieces of information that are passed to and stored by the web browser on your computer’s hard drive. BNB uses the web browser feature known as cookies to assign a unique identification number to your computer. Cookies are used, for example, to keep record of what is stored in your shopping cart or basket. They are also helpful in determining whether you entered BNB’s site from a particular link, banner advertisement, or other such mediums. Should you wish to turn off the cookies feature, you can, however we prefer that you don’t. BNB does not use cookies to retrieve personal information about you from your computer that you did not knowingly and voluntarily provide to BNB.
Third Party Involvement
At times and from time to time, BNB uses third party advertising companies to serve ads when you visit the BNB site. These third party advertising company(ies) also separately place and reorganize cookies on your browser during the course of delivering advertisements to the BNB site. These companies may use information (not including your name, e-mail address, mailing address, telephone number or credit card information) about your visits to BNB and other sites in order to provide advertisements about goods and services of interest to you as a customer.
Compliance
Recognizing the global nature of the Internet, you the customer agree to comply with all applicable local laws, rules, and regulations regarding online conduct and privacy, as well as content. Specifically, but not as a limitation, you agree to comply with all applicable laws regarding transmission of technical and personal data exported from the United States or the country in which you reside.
|
|
TERMS AND CONDITIONS OF USE
General
Thank you for visiting Bare Naked Babies (“BNB”), the entity who operates and maintains this site (“Site”). By accessing, browsing and/or using this Site, you expressly acknowledge that you have read, understood, and agree to be bound by the terms stated herein below and to comply with all applicable laws and regulations. For this reason we ask that you please review our Terms and Conditions of Use found below. If you are not in agreement with the below terms, please refrain from utilizing this Site.
Registered Account
Upon creating and registering for an account, you are responsible for your User ID and Password. Thus you are responsible for your account access and agree to accept all responsibility for actions that occur under your account. Impersonations of any kind including, but not limited to, false e-mail, addresses, or misrepresentation of identity or authorship, will also constitute a breach of these Terms and Conditions of Use.
Age Requirements
While we sell baby clothing and accessories, you must be at least 18 years of age to make purchases from this Site unless you have adult supervision.
Licenses and Site Access
BNB grants you a limited license to make personal use of this Site and its Services. However, such grant does not include, without limitation: (i) any resale or commercial use of the Site or Services, (ii) the collection and use of any e-mail or user information, ratings or listings, (iii) making derivative uses of the Site and its contents, or (iv) the use of any data mining, robots, or similar data gathering and extraction methods. No portion of this Site or its content may be copied, duplicated, reproduced, sold or resold, or otherwise exploited for any commercial purposes. You are granted a restricted, non-exclusive, rescindable right to create a hyperlink to this Site provided such link does not portray BNB or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use, frame, or utilize framing techniques to enclose any BNB trademark, logo, or other proprietary information, including the images found at this Site, the content of any text of the layout of any page or form contained on a page without BNB’s express written consent. Furthermore, you may not use any meta tags or other forms of concealed text that uses BNB’s name, trademark, or product name without BNB’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BNB or any third party. BNB makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site, if any. The linked sites, if any, are not under the control of BNB and as such BNB is not responsible for its contents of any linked sites or any link contained in a linked site, or any review, changes or updates to such sites. BNB is providing these links, if any, to you only as a form of convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by BNB of the site or any information contained therein.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to BNB, or postings on this Site, are non-confidential and shall become the property of BNB. BNB shall then own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. The submission of any materials to BNB, including the posting materials to any forum, review, or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights to paternity and integrity. Notwithstanding the foregoing, all personal data provided to BNB will be handled in accordance with the Privacy Policy. As described more fully below, you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. BNB has the right to monitor any activity and to remove any content from its Site. BNB takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright
Content produced by BNB such as text, web pages, e-mail communications, banner advertisements, graphics, logos, photography, buttons, images, video, audio clips and software if the property of BNB or its content suppliers, and protected by U.S. and international copyright laws. All software used to present and manage BNB’s Site is the property of BNB or its software supplier(s) and is also protected by U.S. and international copyright laws. None of the material contained in or as part of BNB’s Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without express written consent from BNB or the copyright owner. However, BNB grants you permission to use the content and software published on our Site as a shopping and information resource only. Any other use, of our content of software is strictly prohibited.
Trademark
All trademarks, service marks, and trade names utilized by BNB are proprietary to BNB or other respective owners and are protected by U.S. and international trademark laws. Bare Naked Babies and its logo are registered trademarks of BNB in the United States and such shall not be used in connection with any product or service that is not BNB’s without BNB’s express written consent. The use of meta tags or any other form of concealed text or search words exploiting the name or trademarks of BNB is expressly prohibited. To the extent that you have violated or threatened to violate BNB’s intellectual property rights, BNB may seek any form of appropriate relief in any state or federal court in the State of New York and you consent to exclusive jurisdiction and venue in such courts. Any other trademarks that appear on our Site that are not owned by BNB are the property of their respective owners, who may or may not be associated with BNB.
Enforcement
BNB has the right, but is not obligated, to monitor any activity, message, data, information, text, or other material (“Content”) associated with the Site. BNB may choose to investigate any reported violation of its policies or complaints and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating services, restricting access to and/or removing posted Content. BNB retains the right and has absolute discretion, to remove, screen, deny access, or edit any Content that violates these provisions or is otherwise objectionable. BNB further reserves the right to report any activity that it believes is in violation of any law or regulation to the appropriate law enforcement officials, regulators, or other third parties. In order to ensure the integrity and operation of BNB’s business and Site, BNB may access and disclose any information it considers necessary or relevant. BNB’s right to disclose any such information shall govern over and supercede any terms of the Privacy Policy.
Pricing
At any time and from time to time, BNB reserves the right to change any price at which our merchandise is offered and/or to correct any pricing errors on the Site. BNB shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous prices.
Content
BNB is committed to correcting any and all graphical, textual, and/or factual errors in our content. Whether it is a misspelled word, broken link, missing or mismatched photo, absent information, please contact us at info@barenakedbabies.com and we will work quickly to remedy the error(s). BNB does not guarantee that the Site’s product descriptions or other content are current, reliable, accurate, or complete. If you feel a product you received is not as described, your only recourse is to return the item in unused, original condition. Further, BNB shall not be responsible for the validity of coupon codes offered through any third parties.
Order Cancellations
Under any and all circumstances, BNB cannot cancel orders that have already been processed and thus charged. If you need to cancel or modify your order for any reason, please e-mail us at info@barenakedbabies.com as soon as possible so that we may try and help you.
Transfer of Risk and Title
Your purchase at BNB’s Site is pursuant to a shipment contract meaning that once BNB delivers your purchase to the shipping company or carrier, the risk of loss and title of the purchase is transferred to you the customer.
Service
If for some reason there is a disagreement regarding the products purchased at BNB’s Site, and you and BNB cannot come to a reasonable resolution, the challenge of service can be submitted to confidential arbitration in New York, NY. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Third Parties
At times BNB’s Site may provide and offer, services, products, or links belonging to third party sites (“Third Party Content”) as a service to you who may be interested in this information. BNB does not monitor, control, inspect, or evaluate any Third Party Content or sites therefore having not responsibility to endorse, adopt, or guarantee the Third Party Content, its accuracy, or completeness. Thus when leaving BNB’s Site and visiting other sites please review their policies, including privacy policy and data gathering practices, as BNB’s terms and policies shall then no longer apply nor govern. BNB does not undertake or assume any responsibility or liability for the actions, product, content, and services relating to any other Third Party Content, sites, enterprises, and/or individuals. You are to use these links and Third Party Content contained therein at your own risk.
Product Information
Although BNB involves in the sale of baby clothing and accessories, BNB is not the manufacturer and therefore does not guarantee the quality or safety of products sold. It is imperative that you do not put any children to sleep in anything other than flame resistant sleepwear. Do not use garments as sleepwear unless the manufacturer’s tag specifies that it is flame resistant and may be used for such purpose. For more information regarding flame resistant sleepwear please refer to our Flame Resistant Notice found under our policies. To proceed to shop for flame resistant sleepwear, please view our “Sleepwear” category.
Furthermore, it is important that you adhere to the wash instructions found on a tag inside the garment or accessory so that you may enjoy the quality of these products to their fullest. Following the wash instructions will ensure that the product’s color and size last longer.
Disclaimer
The Site and Services offered by BNB are provided on an “as is” basis. BNB makes no representations or warranties of any kind, express or implied, as to the operation of our Site, the information, content, materials, or products included on our Site and any other e-mails, catalogs, or flyers disseminated by BNB. Price and availability information is subject to change without notice. All orders are subject to acceptance, verification, and confirmation by BNB. To the full extent permissible by applicable law, BNB disclaims all warranties or merchantability and fitness for a particular purpose. BNB will not be liable for any damages of any kind arising from the use of our Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. BNB does not guarantee that our Site, servers, or e-mail sent from or through our Site or us are free from viruses or other injurious elements. Except as expressly provided in this agreement, BNB does not make and hereby disclaims, and you hereby waive, any representations or warranties, arising by law or otherwise, regarding the Site and Services provided hereunder, or any portion thereof, including without limitation, implied warranties or merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade.
Limitation of Liability
In no event shall BNB or its providers be liable whether in contract, warranty, tort (including negligence whether active, passive, or imputed), product liability, strict liability, or other theory for any indirect, incidental, special, punitive or consequential damages arising out of the use or inability to use the Site, the Services, or any products or services purchased or obtained through the Site or Services, even if BNB has been advised of the possibility of such damages. The provisions of this paragraph will survive any termination of this agreement.
Law
By visiting BNB’s Site you agree that the laws of the state of New York will govern these Terms and Conditions of Use.
Severability
If any of these Terms and Conditions of Use shall be regarded as invalid, void, or for any reason unenforceable, then the terms or conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Modification and Termination
BNB reserves the right to, at its sole discretion, modify or terminate these Terms and Conditions of Use at any time from time to time and may do so immediately without notice or cause. Information collected under prior policies will be subject to the modified policies. BNB may also withdraw any rights it has granted to you and deny you access to our Site and its store. In such event, you must promptly destroy all materials downloaded or otherwise obtained from our Site or its store, as well as all copies of such materials, whether made under the terms of these Terms and Conditions of Use or otherwise.
|
