Last Updated: May 17, 2020
Terms & Conditions
AnyBaby LLC (“Any Baby”) is a clothing and accessory company that specializes in products like the Smartsie™ which has technical features, like grippy feet, cushion knees and elbows, and antimicrobial peppermint that help support babies (“Product(s)”).
These Terms and Conditions (hereinafter referred to as the “Terms”), describe how any customer, browser, or user (together referred to as “you”, “your” or “Customer(s)”) of Any Baby’s website https://anybaby.io (the “Website”) may access, register, browse, use, or make a purchase on the Website including all information and resources available. Use of the Website is conditioned upon your acceptance of all of the policies and notices stated herein.
YOU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW. BY ACCESSING ANY PART OF THIS WEBSITE OR BY PURCHASING ANY PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS.
Any new features or tools, which are added to the Website, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Any Baby reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to its Website at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
2. Prices and Payments
Any prices, discounts, and promotions available on the Website are subject to change without notice. Any Baby may offer promotions, discounts, or sales on the Website, or, in its sole discretion, to certain individuals (“Promotions”). These Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.
The price charged for any Product will be the price in effect at the time the order is placed and will be set out in any order confirmation. Customers may also be subject to additional charges, which may include but are not limited to: currently fees, exchange fees, VAT, and/or local taxes. All such fees may be added to the Customer’s merchandise total.
If you do not pay the amounts owed when they are due, or your payment method fails over a continuous period of time, Any Baby may initiate collection procedures. You agree to pay our cost of collection, including without limitation to any reasonable attorney’s fees.
If you are not satisfied with your purchase, you may return anything, except FINAL SALE items, that you purchased within 30 days of purchase.
For a full refund, we ask that items be unworn, unwashed, and in their original packaging, including tags and returned within 30 days of purchase. We do charge a flat $7.50 shipping & handling cost to return the item which shall be deducted from the amount returned to you. If you would like to return a Product more than 30 days after purchase, contact firstname.lastname@example.org directly. All return requests more than 30 days after purchase will be subject to Any Baby’s discretion.
Returns can be refunded to the original method of payment or for store credit. We process returns within 1 week from receiving the package. Please keep tracking information of your returned package.
4. Returns and Exchanges
We do not offer direct exchanges. If you need a different size or color, please RETURN your items for a refund and place a new order.
Clearance and sale items are considered FINAL SALE upon payment and are not eligible for cancellation, return, refund or exchange.
If you purchased from a third party vendor, the Customer must return the Product to that store according to their return/exchange policy.
In the event a Product is sold out, Any Baby has the right to refund the item and ship the remainder of the order, or if the entire order is sold out, cancel the order and refund the amount paid.
5. Customer Satisfaction
Any Baby has a Live Chat function which can be used during normal business hours. If you need assistance while the Live Chat function is offline, you may email us directly through the Website widget.
If you are dissatisfied with the Product, please contact email@example.com to get assistance directly from our team.
Please review the full FAQS located on our Website prior to emailing our team as your question may already be answered.
6. General Terms
By agreeing to these Terms and using the Website, you represent that you are at least the age of majority in your state or province of residence. Minors may use the Website under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for his or her use of the Website, including all liabilities. In addition, all Customers must be in good standing and not an individual that has been previously barred from the Website under the laws of any applicable jurisdiction.
You represent and warrant that you are registering for the Website for your own personal use only, and not for resale, export, publication, or any other similarly unauthorized use. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. It is your responsibility for any act or omission of any third party that accesses your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify Any Baby immediately if you notice any unauthorized access, use of your account or password, or any other breach of security. Any Baby shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
Any Baby reserves the right to refuse Products to anyone, for any reason, at any time at its own discretion. Any Baby reserves the right, but does not have an obligation, to pre-screen, refuse and/or delete any content or any Customer account. In addition, Any Baby reserves the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to other Customers.
You consent to receiving communications from Any Baby, including but not limited to, e-mails, text messages, and/or calls updates to the Website, marketing, advertisement, and any other relevant information.
You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Products for the purpose of any harmful or conduct, including causing hard to minors in any manner whatsoever.
7. Wireless and Location-based Features; Social Media Plug-ins
Data Sharing. By using the Website, you affirmatively consent that Any Baby may use and share your video and image viewing data with third parties until consent is withdrawn. Any Baby may track your viewing for its research, analytics, or ad serving purposes. It may share the above information with companies that displays ads to you, collect and analyze information, or to social networks.
Wireless Features. The Any Baby Website may offer certain features that are available to you via your wireless device. These features may include the ability to access our Website, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Any Baby has no responsibility or liability for any fees or charges you incur when using Wireless Features.
In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google (among others) may be integrated on our Website. If you choose to click on one of these buttons or links on our Website, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use our Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people and websites you follow, etc.).
8. Termination of Account
You agree that Any Baby may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to its Website at its sole discretion, for any reason, including but not limited to:
a) Any breach or violation of these Terms;
b) By way of request from law enforcement or any other governmental agencies;
c) The discontinuance, alteration and/or material modification to the Website;
d) Any engagement by you in any fraudulent or illegal activities; and/or
e) The non-payment or continued failure of payment for any Product purchased through your account.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to our Website.
9. Accuracy, Completeness, and Timeliness of Information
Any Baby shall not be held responsible if information made available on its Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk. Any Baby reserves the right to modify the contents of this Website at any time, but has no obligation to update any information on the Website. You agree that it is your responsibility to monitor our Website for any changes that may occur. Any Baby strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Any Baby reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
10. Access to Content
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Website and your use or purchase of the Product on any other website, blog, article, or social media platform (“Your Content”), you hereby grant Any Baby a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
11. Disclaimer of Warranties and Limitation of Liability
THE USE OF THE WEBSITE AND THE PRODUCTS ARE AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL ANY BABY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ANY BABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE COST OF PAID BY CUSTOMER FOR THE PRODUCT.
12. DISPUTE RESOLUTION
If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
13. CLASS ACTION WAIVER
Any arbitration shall be conducted in each Customer’s individual capacity only and not as a class action or other representative action. Customer expressly waives their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Any Baby may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provided; or (ii) by posting to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.
To give us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
Third Party Content. The Website may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. Any Baby is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Website does not imply that Any Baby endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Website, you agree to indemnify, defend, and hold harmless Any Baby (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with (a) any breach or alleged breach of any representation or warranty by Any Baby; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Any Baby, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Any Baby to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Any Baby.
Force Majeure. Any Baby will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Users. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Any Baby arising out of or related to the use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please feel free to contact Any Baby directly through our Website.