BUGABOO WEBSITE TERMS AND CONDITIONS
License and Website Access
Bugaboo grants you a limited license to use this Website, but you are not permitted to download (other than page caching) any portion of the Website, except with express written consent of Bugaboo. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website (any portion of this Website) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bugaboo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bugaboo or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bugaboo's name or trademarks without the express written consent of Bugaboo. Any unauthorized use terminates the permission or license granted by Bugaboo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bugaboo so long as the link does not portray Bugaboo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bugaboo logo or other proprietary graphic or trademark as part of the link without express written permission.
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.
Bugaboo makes its products available for purchase through the Website, and may use third-party suppliers and service providers to enable Ecommerce functionality on our Website and fulfillment of orders. Bugaboo's products are intended for use with children, but Bugaboo only sells its products to adults. If you are under 18, you may use Bugaboo only with permission of your parent(s) or guardian(s). Bugaboo and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
If you wish to purchase any product made available by us through the Website, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information (collectively your "Purchase Information"). You represent and warrant that you have the legal right to use the credit card(s) utilized in connection with a purchase. By submitting Purchase Information, you grant Bugaboo the right to share your Purchase Information with third parties for the purpose of facilitating the completion of your order. Verification of Purchase Information may be required prior to Bugaboo's acceptance of your purchase.
Products, Specifications and Colors
We strive to provide complete, accurate and current information on the Website. Occasionally, however, information may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current nature of any information on the Website. We are not responsible for pricing, typographical, or other errors in any offer and reserve the right to cancel any orders arising from such errors. Bugaboo reserves the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. Bugaboo (including its third-party suppliers and service providers) may also require verification of information prior to the acceptance and/or shipment of any order.
We endeavor to display as accurately as possible the colors of our products that appear at the Website. However, the color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
If a Bugaboo product offered on the Website is not as described, your sole remedy is to return it in unused condition with its original packaging, tags and manuals.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, provided however that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. We require that users of the Website respect the rights and dignity of others.
You posts shall not include links to other websites, consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bugaboo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Bugaboo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bugaboo and its affiliates and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bugaboo and its affiliates for all claims resulting from content you supply. Bugaboo has the right but not the obligation to monitor and edit or remove any activity or content. Bugaboo takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Bugaboo are delivered to you by an independent carrier (e.g. FedEx) that is not affiliated with Bugaboo. The risk of loss for products purchased through the Website passes to you upon our delivery of products to the carrier. In the event of a loss after delivery to the carrier, Bugaboo will reasonably cooperate with you in your filing of claims.
If any Bugaboo product arrives damaged or is missing parts, please notify Bugaboo immediately. Bugaboo will arrange to replace damaged or missing parts and for prepaid return shipping of damaged products.
Copyrights and Trademarks
The content and arrangements of the Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Bugaboo, its affiliates and/or content suppliers, and are protected by applicable United States copyright, trademark and other laws. The software used on the Website is either the property of Bugaboo or is licensed by Bugaboo's software suppliers, and is protected by applicable United States copyright, trademark and other laws. You may not use Bugaboo's copyrights, trademarks and other intellectual property without Bugaboo's express written permission.
Notices and Procedures for Making Copyright Infringement Claims; DMCA
Bugaboo respects the intellectual property of others, and we ask our users and visitors to do the same. Bugaboo will investigate notices to us of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Bugaboo will act to remove or disable access to any material found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Bugaboo all of the information required for by the DMCA for effective notice to us.
Notices of claimed copyright infringement should be directed to:
Bugaboo North America, Inc.
Notices to Bugaboo other than in connection with claims of copyright infringement should be directed to:
Bugaboo North America, Inc.
When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
As a convenience to you, we may provide on this site links to web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this Website. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Bugaboo. The content is not monitored or endorsed by Bugaboo, which makes no representations regarding or warrants any information, goods, and/or services appearing and/or offered on any Linked Site.
Disclaimer of Warranties and Limitation of Liability
This website is provided by bugaboo on an "as is" and "as available" basis. Bugaboo makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
To the full extent permissible by applicable law, Bugaboo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bugaboo does not warrant that this website, its servers, or e-mail sent from Bugaboo are free of viruses or other harmful components. Bugaboo will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Bugaboo may, from time to time, offer Bugaboo products to friends and family at a special price through the Website by using a coupon or coupon code ("Coupons"). Coupons may only be used by their intended recipients. Bugaboo can only accept orders using Coupons placed by the intended recipient of such Coupons.
Modification and Severability
Legal Notices to California Consumers
Pursuant to California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by calling 1-800-952-5210 or by writing to:
Department of Consumer Affairs
Choice of Law
By visiting the Website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Service and Conditions of Use and any dispute of any sort that might arise between you and Bugaboo, its affiliates or service provides for this Website. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within New York County, New York for any disputes with Bugaboo arising out of your use of this Website.