baby kiss and coo, LLC Purchase Terms and Conditions

ENTIRE AGREEMENT. These terms and conditions (this "Agreement") apply to all of your online purchases from the website at www.babykissandcoo.com (the "Site") and may not be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s), which is subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and baby kiss and coo, LLC (“BK&C”).

ACCEPTANCE. By purchasing products from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon BK&C until accepted by BK&C. We reserve the right to refuse service to anyone. BK&C will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you. You may not cancel an order once it has been placed.

PAYMENT METHODS. You may pay for your orders using the following methods: VISA, MasterCard, American Express, Discover, and PayPal. We do not accept cash or checks. All payments must be made in U.S. dollars only.

SHIPPING AND HANDLING. Most orders are processed and ready for shipping within 1-2 business days of receiving orders. Orders placed on Saturday and Sunday will be processed on the following Monday (excluding major holidays). Most purchases are shipped from our location in Southern California to locations in the U.S. via U.S. Postal Service at a flat cost of $4.95 (1-4 items) or $10.35 (5+ items) to arrive within two business days once the order is shipped (some locations take a few extra days).

For Canada and Mexico, the flat rates of $10.95 (1-4 items) and $25.95 (5+ items) apply; for most other countries the rates are $12.95 (1-4 items) and $41.95 (5+ items). Arrival time is normally 6-10 days after the order is processed and shipped. Any duties, taxes, additional import fees are the responsibility of the recipient in each country.

SALES TAX. If required by applicable law, you will be charged for applicable sales tax on your purchase. A separate charge for these taxes will be shown on the order form.

RETURN POLICY AND GUARANTEE. We accept returns for products that were damaged in shipment and unused product. To return an item, please ship it back to us with the original packaging and a copy of the invoice within 30 days for a full refund or exchange minus the cost of the return shipment. For your protection it is best if you return the item using a carrier that will provide you with a tracking number.

NO WARRANTIES. We provide all products “as-is,” and “with all faults.” We give no express warranties, guarantees or conditions. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. You may have additional consumer rights to warranties under your local laws that this contract cannot change.

Limitation of Liability. BK&C DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. BK&C WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, BK&C SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NO EXPORT OR RESALE. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.

Governing Law. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Los Angeles County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Any lawsuit against BK&C or its officers, directors, employees or affiliates arising out of or relating to the subject products must be filed within one year from the date on which the products were shipped.

FORCE MAJEURE. We shall not be liable for any delay or failure to perform any of our obligations to the extent such delay or failure is due to circumstances beyond our reasonable control, including but not limited to, fires, floods, explosions, accidents, acts of God, declared and undeclared wars or riots, strikes, lockouts or other concerted acts of workmen, acts of government, shortages of materials or any government act, omission, regulation, license, order or rule.