Welcome to www.baccikid.com (the “Website”). We offer a platform that allows users to purchase clothing and artwork, as well as view videos and other artistic works created by us. By using the Website and/or contracting with us for Products, you agree to be bound by these Terms of Use. We may modify these Terms of Use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the Website signals your agreement to be bound by any changes.
Term. These Terms of Use shall remain in full force and effect for the entire time you use the Website.
Use of Website. This Website is intended for people at least 18 years of age, and if you are under 18 years old then you represent and warrant that you have permission from your parent or guardian to use the Website. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.
Accounts. It is free to register and create an account with us, and in order to use some services on the Website you will be required to register, although you can order Products without creating an account. If you create an account, then we will ask for certain personal information including your name, email address, phone number and shipping/billing address. It is your responsibility to keep any username and password you establish for the Website safe, and you must notify us immediately if you suspect your account information has been compromised. Unless we are so notified, we will deem any activity that occurs on your account to have been performed or consented to by you.
Communications. Upon registering for an account with us, you consent to receive newsletters, marketing and other emails from Bacci Kid. You may opt-out of any emails from us, except for emails related to Product purchases and returns, by following the instructions contained in those emails or updating your account settings.
Payment. Payments for Products may be made directly through the Website. If you pay through the Website, then we will require you to provide us with your credit card number and billing information. Payments made through PayPal are governed by the PayPal terms of use and privacy policy, and we strongly recommend that you review such policies prior to transacting through PayPal. If you order art printed on canvas, then your order will be fulfilled and shipped by our partnering manufacture, and your payment information will be sent to them for order fulfillment.
Returns. Bacci Kid accepts returns of clothing within 11 days of the date of receipt. Should you wish to return or exchange clothing for any reason then you will be responsible for return and re-sent order shipping costs. For more information see return policy.
All books and digital download sales are final.
Product Appearance. We make every effort to display Products on the Website the same way that they will look in person. However, we are unable to control for environmental factors such as lighting and color, so that the final Product that you receive may not look exactly like the Product advertised on the Website. Bacci Kid is not responsible if you are dissatisfied once you receive the Product, although we will provide you with a refund subject to our refund policy (above).
Availability. We attempt to keep our Website updated based on current and pending inventory, but there may be times when items are not available. If you place an order and we discover that any item is not available, then we will notify you and give you the option of waiting for the item to become available, or cancelling the order and receiving a refund for the price of the unavailable item(s). We reserve the right, in our sole discretion, to add, remove or otherwise modify the items available for purchase through the Website.
Pricing. We reserve the right, in our sole discretion, to change the prices of any item listed for sale on or through the Website. Please check the Website for the most up-to-date pricing information.
Promotions and Contests. From time to time, we may hold contests or promotional events through the Website. Any contest or promotion rules will be displayed on the Website and are subject to change at any time. We reserve the right to cancel or amend the terms of any promotion or contest.
External Links. The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). While we may receive payment from companies whose products we endorse or recommend, we expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.
Ownership and License. Except as otherwise stated, the Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website, including but not limited to all videos, artwork and other creative works, are owned by Bacci Kid, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions. We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website. The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for non-commercial use only. Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to Bacci Kid and its affiliates. You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.
User Content. You are solely responsible for any message or other information (collectively, “Content”) that you submit to the Bacci Kid either through the Website or via any other method, and you agree that all Content will be original and created by you (or you have permission to reuse such Content), and you grant us a non-exclusive, irrevocable, perpetual license to use said Content in any form or manner in which we determine, including the right to modify, edit, perform and otherwise use the Content. You agree to use the Website in a manner consistent with all applicable laws and regulations. We reserve the right to review and, if necessary, refuse to post Content that in our sole judgment would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user. Prohibited Content includes Content that:
- is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
- harasses or advocates harassment of any group or individual, or
iii. involves the transmission of junk mail, chain letters, or spam, or
- is known to be false or misleading, or promotes illegal activities, or
- promotes an illegal or unauthorized copy of another’s copyrighted work, or
- contains restricted or password-only access pages or hidden pages or images, or
vii. provides material that is sexual in nature, or
viii. provides instructional information about illegal activities, or
- solicits passwords or personal identifying information for commercial or unlawful purposes.
Disclaimer of Warranties. BACCI KID MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify and hold harmless Bacci Kid, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and/or Products.
Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict of laws provisions, and any legal action brought related to these Terms or your use of the Website shall be brought in the state or federal courts for Westchester County, New York, and you further agree to submit to the sole and exclusive jurisdiction and venue thereof.