Last Updated: December 15, 2022
Bugaboo Terms and Conditions of Sale
These Terms and Conditions of Sale (these “Terms”) govern the sale and delivery of all products (the “Products”), and all transactions incidental thereto, by or on behalf of Bugaboo North America, Inc. (“Bugaboo” or “we”) to any of Bugaboo’s customers (each, “Customer” or collectively, “Customers”). For the purposes of these Terms, “Customers” exclude resellers and retailers of the Products for which separate terms may apply.
No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by Bugaboo in a writing duly executed by an authorized representative of Bugaboo. Any additional or different terms or conditions contained in the Order (as defined below) or Customer’s response to Bugaboo’s confirmation, or any other form or document supplied by Customer shall be deemed objected to by Bugaboo and shall not be binding on Bugaboo. No general terms and conditions of any Customer shall at any time form a part of the content of any contract or agreement between Customer and Bugaboo, even if they are not expressly rejected by Bugaboo. Delivery of the Products do not constitute acceptance of any of Customer’s terms and conditions and do not serve to modify or amend these Terms.
Failure of Bugaboo to object to terms and conditions communicated by Customer shall in no event be construed as an acceptance of any other terms and conditions. Any communication or conduct of Customer which confirms an agreement for the delivery of Products by Bugaboo, as well as acceptance in whole or in part by Customer of any delivery of Products from Bugaboo shall constitute an acceptance by such Customer of these Terms.
If Customer finds any provision of these Terms not acceptable, Customer must so notify Bugaboo immediately and must not place an Order (as defined below). Deviations from these Terms require the prior written approval of Bugaboo.
Offers, Orders and Confirmation
In the event Customer cancels or modifies any Confirmed Order, Customer shall, to the extent permissible by applicable law, bear all costs associated with such cancellation or modification, and, in the event of a modification of a Confirmed Order, Bugaboo shall be free to accept or reject such modification without any further obligation to Customer whatsoever.
Each Confirmed Order shall be considered a separate agreement between the parties to purchase and sell the Products, and any failure to deliver Products under any Confirmed Order shall have no consequences for other deliveries.
The price of the Products shall be as published on Bugaboo’s website at the time of the Order unless otherwise quoted in writing by Bugaboo. All published prices are subject to change without prior notice. Such prices include standard packaging. Shipping costs as well as taxes, duties or charges in any jurisdiction levied in relation to the Products shall be for Customer’s account and will be added to each invoice as separate line items. Any special requests concerning shipping, transportation and insurance shall be subject to Bugaboo’s prior written approval. Customer shall bear all costs resulting from such requests.
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 or accuracy 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 Confirmed Orders arising from such errors. Bugaboo reserves the right, without prior notice, to limit the order quantity on any Product. Bugaboo (including its third-party suppliers and service providers) may also require verification of information prior to the acceptance of an Order and/or shipment of any Confirmed Order.
We endeavor to display as accurately as possible the colors of the Products that appear on 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 Product offered on the Website is not as described, your sole remedy is to return it to us pursuant to our Return Policy as set forth in Section 9.
Bugaboo may, from time to time, offer the Products at a special price through a coupon or code (“Coupons”). The Coupons may only be redeemed by the intended recipient of such Coupon. You shall not transfer, distribute, sell or redeem for cash, or publish the Coupon on any third party website, blog, forum, or social media platform without the prior written approval of Bugaboo. The Coupon may not be combined with any other promotional codes, gift cards, or coupons on the Website. Bugaboo reserves the right to modify the terms of the use of the Coupon at any time. Bugaboo may deacivate the Coupon if Bugaboo has reason to believe that the recipient has violated these Terms including but not limited to through fraudulent or misleading activity (e.g., creating fake accounts, using multiple identities, email addresses, or providing any false information). Bugaboo may also refuse to redeem the Coupon if the recipient’s account (if any) at the Website has been closed or suspended for any reason. Bugaboo shall not be liable to any user or third party for any loss, damage, liability, costs and expenses arising from the use or deactivation of the Coupon, Bugaboo’s refusal to redeem the Coupon or modification of the terms of the use of the Coupons.
The purchase price for the Products to be delivered under a Confirmed Order and all other amounts due in connection therewith shall be due and payable upon placement of the Order]. Customer shall make payment in US dollars by credit card, PayPal, Apple Pay or such other method displayed on the payment section of Bugaboo’s website from time to time without any discount, deduction or offset whatsoever unless authorized by Bugaboo in writing or through the use of a Coupon per the terms under Section 5. Customer shall be solely responsible for any bank fees, or other fees, incurred due to the wire transfer or any other selected payment method. In no event shall any loss, damage, injury or destruction, force majeure or any other event beyond Customer’s control release Customer from its obligation to make the payments required herein.
Depending on your selected payment method, 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) or such other payment method utilized in connection with a purchase. By submitting your Purchase Information, you grant Bugaboo the right to share your Purchase Information with third parties for the purpose of facilitating the completion of the Confirmed Order.
Delivery and Acceptance
All deliveries of Products shall be made ex works Bugaboo warehouse at 1226 Aviation Blvd, Hebron, KY 41048 (Incoterms 2020) or such other location where the Products may be stored from time to time, and title to and risk of loss for the Products shall pass to Customer upon delivery thereof to any common carrier at Bugaboo’s warehouse at 1226 Aviation Blvd, Hebron, KY 41048, or such other location where the Products may be stored from time to time. Bugaboo or its agent may select any commercial air, ship, motor or rail carrier or any combination thereof for the transportation of the Products and will notify Customer thereof in the Order confirmation. Any times or dates for delivery by Bugaboo are estimates and shall not be binding on Bugaboo. In the event that the material needed for production of the Confirmed Order is unavailable, Bugaboo will contact you immediately and, if possible, give an approximate delivery date or suggest alternate product options.
Bugaboo is entitled to deliver the Products to be delivered under any Confirmed Order in part and to invoice Customer separately for such partial deliveries. In no event shall Bugaboo be liable for any delay in delivery. Delay in delivery of any Products shall not relieve Customer of its obligation to accept delivery thereof.
Customer’s failure to accept delivery of any Products pursuant to a Confirmed Order shall not release or excuse such Customer from its obligation to timely pay all amounts due in connection with such Confirmed Order. If Customer rejects or revokes acceptance of Products, Bugaboo, in its sole discretion, may extend the period of delivery by such period as Bugaboo may deem reasonable, or withhold or cancel delivery of any Products, or cancel any or all Confirmed Orders without any further obligations to Customer whatsoever. In such event Customer shall be responsible for any and all costs and expenses incurred or damages or losses suffered by Bugaboo in connection with any such delay.
Examination and Conformity to Order
Promptly upon receipt of any Products, Customer shall conduct a full and complete inspection of such Products and determine whether the Products delivered meet all requirements set forth in the Confirmed Order. Customer shall notify Bugaboo in writing of any apparent defects or other non-compliance with such Confirmed Order that Customer could reasonably have discovered during such inspection within two (2) business days from the date of receipt of such Products, and Customer shall notify Bugaboo in writing within two (2) business days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer’s initial inspection of the Products. Notwithstanding anything to the contrary contained herein, any and all claims for defective or non-compliant Products must be received by Bugaboo within the applicable warranty period as set forth in https://www.bugaboo.com/us-en/warranty/.
If Customer fails to timely notify Bugaboo of any defects or non-compliance of any Products delivered or Customer uses, destroys or modifies any Products that Customer knows or should have known to be defective or non-compliant without Bugaboo’s prior written consent, such Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims for breach of warranty or otherwise in respect of such Products.
Products that Bugaboo consents or directs Customer in writing to be returned shall be returned to Bugaboo at Customer’s risk to the destination directed by Bugaboo pursuant to Section 9.
The terms of our return policy accessible at https://www.bugaboo.com/us-en/returns (our “Return Policy”) are hereby incorporated in these Terms by reference and shall apply to all returns of the Products. In the event you want to return a Product delivered to you by Bugaboo, please refer to our Return Policy and follow the procedure set forth therein.
The terms of our limited product warranty are accessible at https://www.bugaboo.com/us-en/warranty/ (the “Limited Product Warranty”) and are hereby incorporated in these Terms by reference and shall apply to all Bugaboo Products purchased by Customer.
TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WARRANTIES OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, EXCEPT FOR THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR WHICH WE LIMIT THE DURATION AND REMEDIES TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CERTAIN CUSTOMERS.
THE REMEDIES UNDER THIS LIMITED WARRANTY ARE THE CUSTOMERS’ SOLE AND EXCLUSIVE REMEDIES AND BUGABOO’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. CUSTOMERS MAY HAVE OTHER RIGHTS APART FROM THE SPECIFIC LEGAL RIGHTS SET FORTH HEREIN, WHICH VARY FROM STATE TO STATE.
Bugaboo may change the terms or availability of this Limited Warranty at any time at Bugaboo’s sole discretion without prior notice, but such changes will not apply to any claims made prior to the effective date of such change.
Limitation of Liability
IN NO EVENT SHALL BUGABOO BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BUGABOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL BUGABOO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS.
Bugaboo shall not be liable for, and Customer assumes responsibility and shall indemnify, defend and hold Bugaboo, its affiliates, their respective officers, directors, employees, agents, successors and assigns harmless for, any and all claims, including without limitation claims for personal injury or property damages, resulting from (i) the improper or inadequate installation, use, storage, handling, operation, maintenance or unauthorized alteration, modification or repair of the Products, (ii) Customer’s failure to properly communicate Bugaboo’s instructions and warnings to users of the Products, and/or (iii) non-compliance with applicable laws, rules and regulations.
These Terms and the terms and conditions of a Confirmed Order taken together shall constitute the entire agreement between Bugaboo and Customer regarding the sale and delivery of the Products. These Terms supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and shall supersede any and all other terms and conditions contained in any order placed by Customer or otherwise communicated by Customer.
Bugaboo shall not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, disruptions of the public power supply, communications and transportation infrastructure, governmental measures (including but not limited to lockdown orders), malware or hacker attacks, fire, extraordinary weather events, epidemics, pandemics, nuclear and chemical accidents, earthquakes, war, terrorist attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, or other acts of God.
In the event of a conflict between the provisions of these Terms and the provisions of a Confirmed Order, the provisions of these Terms will govern and control. Bugaboo may amend or modify these Terms from time to time. Any such changes, revisions, amendments or modifications shall become effective without any further action by any party and they shall not apply to any Confirmed Order prior to the effective date of such changes, revisions, amendments or modifications. Customer shall review these Terms prior to each Order. The date these Terms were last updated is stated at the top of these Terms.
If any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal and enforceable.
In the event of a violation or threatened violation of Bugaboo’s proprietary rights, Bugaboo shall have the right, in addition to such other remedies as may be available pursuant to law or these Terms, to temporary or permanent injunctive relief enjoining such act or threatened act without the requirement of a bond or any other security. The parties acknowledge and agree that legal remedies for such violations or threatened violations are inadequate and that Bugaboo would suffer irreparable harm.
No Customer may assign its rights and/or delegate its obligations under these Terms (or any Confirmed Order) without the prior written consent of Bugaboo. Any attempted assignment shall be null and void. Bugaboo may assign its rights and/or delegate its liabilities under these Terms (or any Confirmed Order) at any time.
No waiver by Bugaboo of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bugaboo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Applicable Law and Dispute Resolution
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. The parties hereby expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods.
Except as otherwise provided in Section 13, CUSTOMER AND BUGABOO HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT CUSTOMER WOULD HAVE IF CUSTOMER WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND BUGABOO ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF BUGABOO PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14 in front of a sole arbitrator. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. To the extent permissible under applicable law, the place of arbitration shall be New York, New York, or if the selection of such venue is deemed invalid, illegal or unenforceable, such location where Customer has his/her primary residence or principal place of business. The language of the arbitration shall be English.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms or the agreement with Customer is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, in case of unpaid invoices, Bugaboo may bring suit against Customer for the collection of such invoices in the applicable state or federal courts of New York County, New York, and/or in the counties in which Customer resides or holds offices.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BUGABOO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
ANY CAUSE OF ACTION AGAINST BUGABOO, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE EXTENT NOT PROHIBITED BY THE APPLICABLE STATE LAW, CUSTOMER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS.