Welcome to BaileyBerry.com (the "Site"). Please review the following terms and conditions (the "Terms and Conditions") that govern your use of, and purchase of children’s shoes, children’s sandals, kid’s shoes, kid’s sandals, boy’s shoes, boy’s sandals, girl’s shoes, girl’s sandals, the Site. Please note that your use of the Site constitutes your agreement to follow and be bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the Site.
The Site is operated by BAILEY BERRY, LLC ("BaileyBerry.com"). You may contact BaileyBerry.com by electronic mail ("email") at firstname.lastname@example.org.
Terms and Conditions Subject to Change
BaileyBerry.com reserves the right to update or modify the Terms and Conditions at any time without prior notice to you. We recommend that you periodically review the Terms and Conditions for any changes. By using the Site, you agree to be bound by the Terms and Conditions, as amended from time to time.
BaileyBerry.com reserves the right to change, move or delete portions of, or add to, the Site from time to time without prior notice to you.
Privacy and Security Policy
BaileyBerry.com collects customer information in order to improve your overall shopping experience with us. BaileyBerry.com respects your privacy and is committed to maintaining and using this information responsibly. BaileyBerry.com has adopted a Privacy & Security Policy which describes the ways in which BaileyBerry.com may use the information that we collect from you on the Site. We invite you to review BaileyBerry.com's Privacy & Security Policy.
Content of the Site
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that appear on the Site (collectively, the "Content") are subject to trademark, service mark, copyright and/or other intellectual property rights under United States law and international law or licenses held by BaileyBerry.com or by third parties who have licensed their materials to BaileyBerry.com. BaileyBerry.com owns the copyright in the Site, including the selection and arrangement of the Content. No right, title or interest in the Content is transferred to you as a result of your use of the Site.
Visitors to the Site may not reproduce, distribute, replicate or transmit the Content without the express written permission of BaileyBerry.com, except for materials downloaded, printed or stored for personal, non-commercial uses. Any materials downloaded, printed or stored for personal, non-commercial uses must retain any copyright, trademark or other proprietary notices contained therein.
Third Party Websites
For your convenience, BaileyBerry.com may provide links to websites that are owned and operated by third parties which we think may be of interest to you. However, BaileyBerry.com does not endorse the content on those sites and does not regularly review materials on these linked third party websites. Therefore, you view any third party websites linked from the Site at your own risk.
BaileyBerry.com has made every effort to display the colors of the products that we sell through the Site as accurately as possible. Because the actual colors that you will see will depend on your monitor, BaileyBerry.com cannot guarantee that your monitor's display of any color will be accurate.
BaileyBerry.com allows you to specify a gift message to be included with your order. While we honor most requests, we are not in a position to honor every one. In submitting your request, you hereby agree that your gift message will not include or incorporate: (i) any obscene, profane, bigoted or threatening language; (ii) any content which could violate (or facilitate the violation) of any applicable law, regulation or BaileyBerry.com policy; or (iii) any content which is libelous, pornographic, lewd, invasive of privacy rights, abusive, inflammatory or infringing. In submitting your request, you hereby further agree that you are not impersonating any person or entity in your gift message. BaileyBerry.com reserves the right to review your gift message and to cancel your order or restrict or remove any and all content which, in BaileyBerry.com's sole discretion, it deems to violate any of the above guidelines or is otherwise harmful to BaileyBerry.com or any third party.
The prices displayed on the Site are quoted in United States dollars. Prices are subject to change without notice.
THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS MAKE NO REPRESENTATION THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. ADDITIONALLY, BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO ANY OF THE CONTENT ON THE SITE, OR THE SERVICES AND PRODUCTS OFFERED FOR SALE THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY, UNDER WARRANTY OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BAILEY BERRY HAS BEEN ADVISED OF OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF YOUR NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT IT IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY OF THE CONTENT, THE SERVICES OR THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE, OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BAILEY BERRY AND ITS AFFILIATED ENTITIES AND SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE.
Violation of Terms and Conditions and Applicable Law
Use of the Site is subject to the Terms and Conditions as well as applicable federal, state and local law. BaileyBerry.com reserves the right to terminate or suspend your access to the Site if we determine that you fail to comply with the Terms and Conditions or if you violate and applicable federal, state or local law.
GOVERNING LAW; JURISDICTION; VENUE
THE TERMS AND CONDITIONS WILL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK, AND THE FEDERAL AND STATE COURTS OF THE STATE OF NEW YORK WILL HAVE THE EXCLUSIVE JURISDICTION AND VENUE TO ENFORCE THE TERMS AND CONDITIONS. YOU AGREE NOT TO ASSERT, BY WAY OF A MOTION, AS A DEFENSE OR OTHERWISE, IN ANY SUIT, ACTION OR PROCEEDING ARISING FROM THE TERMS AND CONDITIONS THAT YOU ARE NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THE TERMS AND CONDITIONS MAY NOT BE ENFORCED IN OR BY THE ABOVE-NAMED COURTS.