Body Bauble, LLC and its resellers and affiliates (“Body Bauble”) provide products and services to you when you visit or shop at BodyBauble.com, or use Body Bauble products or services (collectively, “Body Bauble Services”). By accessing our website or using Body Bauble Services, you agree to the following terms and conditions:
License to use website
Unless otherwise stated, Body Bauble and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Body Bauble’s express written consent.
You must not use this website for any purposes related to marketing without Body Bauble’s express written consent.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Body Bauble a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Body Bauble the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Body Bauble or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Body Bauble reserves the right to edit or remove any material submitted to this website, or stored on Body Bauble’s servers, or hosted or published upon this website.
Body Bauble does accept returns of any kind. All products are final sale.
Disclaimer of Warranties
THE BODY BAUBLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BODY BAUBLE SERVICES ARE PROVIDED BY BODY BAUBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BODY BAUBLE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BODY BAUBLE MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE BODY BAUBLE SERVICES; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE BODY BAUBLE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE BODY BAUBLE SERVICES; AND (IV) WHETHER THE BODY BAUBLE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BODY BAUBLE OR THROUGH THE BODY BAUBLE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BODY BAUBLE SERVICES IS AT YOUR SOLE RISK.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BODY BAUBLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE BODY BAUBLE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BODY BAUBLE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BODY BAUBLE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Risk of Loss
All items purchased from Body Bauble are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Privacy and Data Protection
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Body Bauble’s liability in respect of any:
death or personal injury caused by Body Bauble’s negligence;
fraud or fraudulent misrepresentation on the part of Body Bauble ; or
matter which it would be illegal or unlawful for Body Bauble to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Body Bauble has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Body Bauble’s officers or employees in respect of any losses you suffer in connection with the website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect Body Bauble’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Body Bauble .
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Body Bauble and undertake to keep Body Bauble indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Body Bauble to a third party in settlement of a claim or dispute on the advice of Body Bauble’s legal advisers) incurred or suffered by Body Bauble arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Body Bauble’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Body Bauble may take such action as Body Bauble deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Body Bauble may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Applicable Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the State of New York and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of New York City.