Terms and Conditions
Agreement between user and www.thebabypeacockboutique.com
Welcome to www.TheBabyPeacockBoutique.com
The www.TheBabyPeacockBoutique.com website (the Site) is comprised of various web pages operated by The Baby Peacock Boutique, LLC,
www.TheBabyPeacockBoutique.com is offered to you conditioned on you acceptance without modification of the terms, conditions and notices contained herein (the Terms).
Your use of www.TheBabyPeacockBoutique.com constitutes your agreement to all such Terms.
The Baby Peacock Boutique is a fashion website that sells boutique style products for women and girls. We frequently update our site with new styles of clothing, accessories, jewelry and more at better than retail prices.
Electronic Communications
Visiting www.thebabypeacockboutique.com or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that The Baby Peacock Boutique, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. The Baby Peacock Boutique, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Baby Peacock Boutique, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.thebabypeacockboutique.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations will not be accepted after your order has shipped. We strive to mail out orders immediately after the order is placed so please contact us immediately if you need to cancel.
Refunds/Returns:
There are no returns on custom or monogrammed items. Any error or defect on our part must be reported within FIVE DAYS of receipt. We are not responsible for natural wear on garments. Nor are we responsible for items that have not been laundered correctly. Returns will not be accepted after 30 days. On nonpersonalized items, contact us for a return authorization number. if an exchange is needed, please let us know immediately to ensure your size is in stock. Customer is responsible for half of the return shipping costs. Half of the return shipping will be taken from your refund amount.
Links to third party sites/Third party services
www.thebabypeacockboutique.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LLC and LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
The Baby Peacock Boutique is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Baby Peacock Boutique, LLC of the site or any association with its operators.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use The Baby Peacock Boutique, LLC strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Baby Peacock Boutique, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
The Baby Peacock Boutique, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, including pictures and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by The Baby Peacock Boutique, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Baby Peacock Boutique, LLC Content accessed through www.thebabypeacockboutique.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LLC in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BABY PEACOCK BOUTIQUE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE BABY PEACOCK BOUTIQUE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE BABY PEACOCK BOUTIQUE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BABY PEACOCK BOUTIQUE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BABY PEACOCK BOUTIQUE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
LL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LLC as a result of this agreement or use of the Site. LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Baby Peacock Boutique, LLC reserves the right, in its sole discretion, to change the Terms under which www.thebabypeacockboutique.com is offered. The most current version of the Terms will supersede all previous versions. LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Baby Peacock Boutique, LLC welcomes your questions or comments regarding the Terms:
The Baby Peacock Boutique
161 Lake Chelsea Dr. Chelsea, AL 35043
Email Address: sales@thebabypeacockboutique.com
Telephone number: 205-601-7293
Effective as of March 13, 2020