Agreement between User and www.lbaboutique.com
Welcome to www.lbaboutique.com. The www.lbaboutique.com website (the "Site") is comprised of various web pages operated by La Bella Amore' Boutique. www.lbaboutique.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.lbaboutique.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.lbaboutique.com is an E-Commerce Site powered by Shopify Inc. Shopify Inc. provides La Bella Amore' Boutique with the online e-commerce platform that allows the sell children's boutique clothing items for boys and girls.
Visiting www.lbaboutique.com or sending emails to La Bella Amore' Boutique constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Site are the registered and unregistered Trademarks of La Bella Amore’Boutique. Use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited.
Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information. You agree that you will not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law. All content on the Site, including text, pictures, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of La Bella Amore’Boutique or its licensors and is protected by U.S. and International Copyright Laws. All rights not expressly granted are reserved.
Children Under Thirteen
La Bella Amore' Boutique does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.lbaboutique.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.lbaboutique.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of La Bella Amore' Boutique and La Bella Amore' Boutique is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. La Bella Amore' Boutique is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by La Bella Amore' Boutique of the site or any association with its operators.
Certain services made available via www.lbaboutique.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.lbaboutique.com domain, you hereby acknowledge and consent that La Bella Amore' Boutique may share such information and data with any third party with whom La Bella Amore' Boutique has a contractual relationship to provide the requested product, service or functionality on behalf of www.lbaboutique.com users and customers.
La Bella Amore' Boutique is not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party's policies and practices and it is your obligation as a consumer to make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of La Bella Amore' Boutique or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. La Bella Amore' Boutique content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of La Bella Amore' Boutique and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of La Bella Amore' Boutique or our licensors except as expressly authorized by these Terms.We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Third Party Accounts
You will be able to connect your La Bella Amore' Boutique account to third party accounts. By connecting your La Bella Amore' Boutique account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by La Bella Amore' Boutique from our offices within the USA. La Bella Amore' Boutique reserves the right, but is not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the La Bella Amore' Boutique Content accessed through www.lbaboutique.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless La Bella Amore' Boutique, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. La Bella Amore' Boutique reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with La Bella Amore' Boutique in asserting any available defenses.
Billing and Account Accuracy
We reserve the right to refuse any order you place with La Bella Amore' Boutique. La Bella Amore' Boutique, at it's sole discretion, may limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that La Bella Amore' Boutique makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. La Bella Amore' Boutique reserves the right to limit or prohibit orders that, in using sole judgement, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at La Bella Amore' Boutique. You agree to promptly update your account and other information, including your e-mail address and credit card information to enable La Bella Amore' Boutique to complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
User Comments, Feedback and Other Submissions
If, at the request of La Bella Amore' Boutique, you send certain specific submissions (e.g. content entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that La Bella Amore' Boutique may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to La Bella Amore' Boutique. La Bella Amore' Boutique shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
La Bella Amore' Boutique may, but has not obligation to, monitor, edit or remove content that we determine using sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Service or any related website. You may not use false e-mail addresses, pretend to be someone other than yourself, or otherwise mislead La Bella Amore' Boutique or any third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. La Bella Amore' Boutique takes no responsibility and assume no liability for any comments posted by you or any third-party.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES, AVAILABILITY, INACCURACIES OR TYPOGRAPHICAL ERRORS. LA BELLA AMORE' BOUTIQUE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LA BELLA AMORE' BOUTIQUE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LA BELLA AMORE' BOUTIQUE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LA BELLA AMORE' BOUTIQUE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
La Bella Amore' Boutique reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and La Bella Amore' Boutique as a result of this agreement or use of the Site. La Bella Amore' Boutique's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of La Bella Amore' Boutique's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by La Bella Amore' Boutique with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and La Bella Amore' Boutique with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and La Bella Amore' Boutique with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
La Bella Amore' Boutique reserves the right, in its sole discretion, to change the Terms under which www.lbaboutique.com is offered regardless of whether La Bella Amore’ Boutique signs them or not. The most current version of the Terms will supersede all previous versions. La Bella Amore' Boutique encourages you to periodically review the Terms to stay informed of our updates.
La Bella Amore' Boutique welcomes your questions or comments regarding the Terms. Please direct questions to firstname.lastname@example.org.
Effective as of March 16, 2018