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205 S. Mills St. #221A
Aspen, CO
United States

Terms & Conditions

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Sales Terms & Conditions

SALES TERMS AND CONDITIONS katebaby CHILDREN’S STORE ASPEN

Last Updated: September 20, 2014

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products by way of telephone or through www.katebaby.com(referred to as the “site”). By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change by Kate Roberts Designs, LLC (referred to as “katebaby” or “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product that is available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order through this site.

Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless otherwise specified herein.

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

Changes in Products and Pricing

We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site. All pricing for the products available on our site is subject to change.

Shipping

In-Stock Items. For in-stock items and depending on your location, our warehouse in Colorado allows us to offer delivery under normal conditions in 5-7 business days via FedEx ground service to locations within the continental USA. Orders placed before 1p.m. CST usually ship same day. All orders usually ship within 1-2 business days.

Pre-Ordered and Backordered Items. Pre-ordered items are shipped as soon as we have them in stock. Your card will be charged at the time your order is placed. Backordered items are shipped as soon as we have them in stock. Your credit card will not be charged until the item ships. Estimated shipping dates will be listed on your invoice. If dates change, we will endeavor to notify you.

International Orders. At this time, katebaby automatically ships to locations within the USA and Canada. For inquiries about international shipping to other locations, please contact us via e-mail at orders@katebaby.com. Please be aware that katebaby is not responsible for any taxes, duties, or customs fees imposed upon shipments to other countries.

Advertising Disclaimer and Trademarks

We are not responsible for typographical, pricing, product information, advertising or shipping errors. If you find an error on the site, please contact us for correction. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge.

All registered and unregistered trademarks relating to products available through our site are the sole property of katebaby.

Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; OR THAT THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL KATEBABY OR ITS AFFILIATED COMPANIES, AGENTS, MEMBERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF KATEBABY IS AUTHORIZED TO MODIFY THIS LIMITATION.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

Returns and Exchanges

All returns and exchanges must be postmarked within 30 days of placing your order. We will only accept exchanges for gift items. Any order that was specified as a gift is considered a gift. Only items that are undamaged, unused, unwashed and in new condition will be accepted. Tags must still be attached. katebaby does not offer free shipping on returns or exchanges at this time. We accept returns via: FedEx, UPS or the USPS. Please include a copy of your packing slip so that we may quickly process your return. Please specify if you would like to return or exchange your item(s). katebaby is not responsible for items lost in transit. If you mail the unused item(s) back to us in new condition within 30 days, then we will refund the purchase price or replace the item for one of equal price.

If you choose UPS or FedEx

Please ship your items with the original packing slip to:

MPS c/o KATEBABY
465 N. Mill Street, #15
Aspen, CO 81611
MPS TEL: 1.970.920.2204

If you choose to mail via USPS

Please mail your items with the original packing slip to:

KATEBABY
PO Box 610
Aspen, CO 81612

You will receive confirmation of our receipt of your returned item within 1-3 business days. Exchanges for items we have in stock usually ship within 1-2 business days. A ground shipping charge will be added to your exchange. Please allow up to 2-3 weeks for a refund or exchange to be fulfilled. Refunds will only be given to the original method of payment. For further questions about a return or exchange, please e-mail us at returns@katebaby.com and reference your order number.

Safe Shopping

Your browser and our secure server encrypt confidential information during transmission, so that transactions stay private and protected. If any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, notify your credit card provider in accordance with its reporting rules and procedures.

You can always order by telephone. Call us at 1-970-989-8137. We will respond same business day to take your order.

Privacy

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.

Force Majeure

In addition to any excuse provided by applicable law, we are not responsible for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, shipping delays, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

Governing Law

This site (excluding any linked third-party sites) is controlled by us from our offices within the United States of America. By accessing this site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, State of Texas.

We make no representation that the products available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.