Terms of Service
Welcome to www.newbornurseryfurniture.com (the “Website”)!
Newborn Nursery Furniture (“we”, “us” and “our”) offers through the Website quality essential nursery furniture and accessories at competitive prices (“Products”), as well as all other information, tools, and services (altogether the “Services”).
The Terms of Service (“Terms”) is a binding agreement that governs the use of the Website by any person for any reason (“user,” “you,” or “your”). Please read these Terms carefully before accessing or using the Website. By using the Website, you confirm that you understand and agree to be bound by the Terms. If you do not agree with any part of the Terms, you may not access or use the Website.
The Terms incorporate our Privacy Policy, Shipping Policy, and Refund & Return Policy. Please carefully read the Terms and it incorporated documents because they affect your rights and obligations under the law.
By agreeing to the Terms, you represent that you are at least the age of majority or otherwise capacitated to enter into contracts under the laws of your nationality and residence, and you have given us your consent to allow any of your minor dependents to use the Website.
If you do not agree to any part of the Terms, then you may not access this Website, buy any Product, or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
1. YOUR ACCOUNT
You can create an account on the Website (“Account”).
If you create an Account, you agree to provide true, accurate, updated, and complete information about yourself, including your first name, last name, and email address.
You are entirely responsible for the security and confidentiality of your Account username and password. You will not transfer your Account to any person or share it with any third-party. You are entirely responsible for any and all activities that occur under your Account, whether or not you allow it. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which You become aware.
2. PRODUCTS AND SERVICES
Certain Products or Services may be available exclusively online through this Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer.
We have made every effort to display as accurately as possible all the information, prices, colors, and images of our Products that appear on the Website. However, we cannot guarantee that the appearance of the colors on your monitor will be the accurate Product colors as displayed on our Website. All descriptions of Products are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any Product at any time.
Any offer for any Product or Service made on the Website is void where prohibited.
3. PRICES
You agree to pay for the price of the Products at the amount posted for such Product at the time of your purchase.
All prices of Products are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a Product.
We are constantly updating our Products on the Website. We make every attempt to ensure that our online catalog is as accurate and complete as possible. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. The prices of Products available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.
4. SHOPIFY INTEGRATION
The Website is hosted on Shopify Inc. (“Shopify”). It provides us with the online e-commerce platform that allows us to sell our Products to you.
Shopify’s accelerated checkout (“ShopPay”) allows you to have your payment credentials saved for future transactions on the Website. When you complete an order using ShopPay for the first time, you will be asked on the checkout page if you would like to save your information. Shopify will collect and store your Account Information and Order Information, as defined in our Privacy Policy, together your “Saved Information”. You will be able to select and checkout with ShopPay using your Saved Information.
In connection with your use of ShopPay, you agree to share with Shopify the following information in a manner which enables Shopify to provide the ShopPay services: (i) all Saved Information and (ii) other information necessary to allow Shopify to provide the ShopPay services. Any Saved Information you share with Shopify that is comprised of Personal Data will be governed by the Shopify Privacy Policy.
5. PAYMENTS
You warrant and represent that you have the right and authority to use the credit card or payment method you have provided.
You give us and the Shopify the pre-authorization to verify if your credit card or payment method account is valid and has the necessary funds or credit available to cover your payments.
All payments shall be paid in US Dollars. You may have to incur costs for conversion and transfer of money if applied by your financial service provider.
All prices exclude VAT and other taxes at the current legal rates in the USA, unless stated otherwise in the Website. You are responsible for all other applicable taxes, and we shall charge taxes when required to do so.
Other payment methods are accepted only if provided on our Website.
6. ORDERS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Product purchased by per person, per household 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 we make 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 made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
For more details, please review our Refund Policy.
7. USE OF THE WEBSITE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our express written permission.
You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related site, other sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related site, other sites, or the Internet.
We reserve the right to terminate your use of the Website or any related site for violating any of the prohibited uses.
We reserve the right to refuse the Website to anyone for any reason at any time.
8. INFORMATION ON THE WEBSITE
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. We are not responsible if information made available on the Website is not accurate, complete, or current.
Through your use of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Website, you assume all associated risks.
We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Website or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
9. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Website.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through this Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
11. THIRD-PARTY CONTENT AND LINKS
Certain content available via the Website may include materials from third-parties.
Third-party links on the Website may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, sites, products or services.
We are not liable 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 sites. Please review carefully the third-party's policies and practices and 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.
12. LINKS TO THIS WEBSITE
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without our prior written permission is prohibited.
13. INTELLECTUAL PROPERTY RIGHTS
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings, and text.
Our intellectual property is protected under copyright, trademark, and other intellectual property laws.
As part of these Terms, you agree to not reproduce, distribute, sell, publish, or broadcast any of the material found on this Website without our prior written consent.
14. TRADEMARKS/NO ENDORSEMENT
All of our trademarks, service marks and trade names used herein (including but not limited to: the NEWBORN NURSERY FURNITURE name, NEWBORN NURSERY FURNITURE logo, the Website name, the Website design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. We prohibit the use of our trademarks as a “hot” link on or to any other site, unless we have approved in advance the establishment of such a link. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (to whom you should address infringement notices under the DMCA is Serina Gift Shop LLC, doing business as “Newborn Nursery Furniture'' help@newbornurseryfurniture.com, 937 Paoli Pike #1020, West Goshen, PA 19380 United States, (484) 364 – 3033.
16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest 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 we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us.
You agree to post Comments that 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 the Website or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
We are and 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. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
17. DISCLAIMER OF WARRANTIES
The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Website is at your own risk.
We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove a Service for indefinite periods of time or cancel a Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Products and Services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18. LIMITATION OF LIABILITY
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Website, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or Product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. RELEASE
In the event that you have a dispute with one or more other visitors, users, customers, or clients of the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
21. COMMUNICATIONS
We reserve the right to send you an electronic mail for the purpose of informing you of changes or additions to the Website or these Terms.
Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of your email, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us or the Website; (b) protect and defend our rights or property of, the Website, or the users of the Website; or (c) act in an emergency to protect the personal safety of our guests, the Website, or the public.
22. DISPUTE RESOLUTION
You and us agree that, if there is any controversy, claim, action, or dispute arising out of or related to the Terms, or the breach, enforcement, interpretation, or validity of the Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at: help@newbornurseryfurniture.com. Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the State of Pennsylvania before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of the Terms, including any claim that all or any part of the Terms is void or voidable.
23. CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
24. TERMINATION
These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use the Websites, or when you cease using the Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate the Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Websites (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.
25. GENERAL
Entire Agreement. The Terms and the other agreements incorporated herein set out the entire agreement and understanding between the parties with respect to its subject matter.
Severability. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. This agreement is personal to you. You cannot assign your rights and interests in the Terms without our written consent. You agree that we may automatically assign our rights and interests in the Terms at our sole discretion.
No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.
Survival. Any provisions of the Terms that impose continuing obligations on the parties shall survive any termination or expiration of the Terms.
26. GOVERNING LAW
1. These Terms and any separate agreements whereby we provide you Products and Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA.
27. CONTACT US
If you have any concerns or questions about the Terms, please contact us at help@newbornurseryfurniture.com, doing business as “Newborn Nursery Furniture” help@newbornurseryfurniture.com, 937 Paoli Pike #1020, West Goshen, PA 19380 United States, (484) 364 – 3033. 7482794.
Effective Date: Sep 4th, 2023
