Terms of service
OVERVIEW
Welcome to Babbaki. The terms "we," "us," and "our" refer to Babbaki. Babbaki operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). Babbaki uses Shopify technology to provide the Services.
These Terms and Conditions, and all policies referenced within them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you must not use the Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have consented to any minors under your supervision using the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any products or services, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to anyone, nor grant licenses related to it.
SECTION 2: OUR PRODUCTS
We make every effort to accurately represent our products and services on our online stores. However, product colors or appearances may differ depending on your device and its settings.
We do not guarantee that the appearance or quality of products or services will meet your expectations or be identical to those displayed online.
All product descriptions are subject to change at any time at our sole discretion without notice. We reserve the right to discontinue any product at any time and may limit product quantities offered to any individual, geographic region, or jurisdiction.
SECTION 3: ORDERS
When you place an order, you make an offer to purchase. Babbaki reserves the right to accept or reject your order at its sole discretion. Your order is not accepted until Babbaki confirms acceptance. Payment must be received and processed for the order to be accepted.
Please review your order carefully before shipping, as Babbaki may be unable to honor cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via email, billing address, or phone number provided at the time of order.
Purchases are subject to returns or exchanges only as described in our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or household use only and not for resale or commercial export.
SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in your order confirmation email. Unless explicitly stated otherwise, published prices do not include taxes, shipping, handling, customs, or import fees.
Online store prices may differ from prices offered in physical stores, online platforms, or third-party stores. From time to time, we may offer promotions that affect pricing and are subject to separate terms. In case of conflict, promotion terms prevail.
For all purchases, you agree to provide current, complete, and accurate information regarding purchases, payments, and accounts. You agree to promptly update account information, including email addresses and payment card numbers and expiration dates.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the card; (iii) your card issuer will cover charges; and (iv) you will pay charges, including shipping, handling, and taxes, as applicable.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, or events outside our control. Once products are delivered to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, text, samples, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of such content, are the property of Babbaki, its affiliates, or licensors and are protected by U.S. and foreign copyright and intellectual property laws.
These Terms allow you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, re-post, download, store, or transmit any material from the Services without written permission.
Unless expressly stated, no provision grants or implies any license or right to patents, trademarks, copyrights, or other intellectual property of Babbaki, Shopify, or third parties. Unauthorized use may violate federal and state intellectual property laws. Babbaki reserves all rights not expressly granted.
Babbaki names, logos, product/service names, designs, and slogans are registered trademarks of Babbaki, its affiliates, or licensors. You may not use them without written consent. Shopify names, logos, product/service names, designs, and slogans are registered trademarks of Shopify. Other names, logos, product/service names, designs, and slogans are the property of their respective owners.
SECTION 7: OPTIONAL TOOLS
We may provide access to third-party customer tools over which we have no control or supervision.
You acknowledge and agree that such tools are provided "as-is" and "as available" without warranties or endorsements. You assume all risk from their use and must comply with any terms imposed by third-party providers.
Future features or tools offered through the Services are also subject to these Terms.
SECTION 8: THIRD-PARTY LINKS
The Services may contain links or embedded content from third parties. We are not responsible for reviewing or validating third-party materials. Access is at your own risk.
We are not liable for damages related to accessing third-party websites or purchasing/using third-party products or services. Please review their policies and practices before interacting with them. Complaints or claims regarding third-party products/services must be directed to those third parties.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Babbaki uses Shopify technology to provide the Services. All purchases are made directly with Babbaki. You acknowledge that Shopify is not responsible for any aspect of sales between you and Babbaki, including injuries, damages, or losses caused by products/services. You release Shopify and its affiliates from all claims related to your transactions with Babbaki.
SECTION 10: PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK] and may also be subject to Shopify’s Privacy Policy [LINK]. By using the Services, you acknowledge reading these policies.
Information submitted may be transmitted to Shopify and third parties in countries where you do not reside to provide and improve the Services. For more information, see our Privacy Policy.
SECTION 11: COMMENTS
By submitting comments, suggestions, reviews, or other content ("Comments"), you grant a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content.
You represent and warrant that: (i) you own the rights to the Comments; (ii) you disclosed any compensation received; and (iii) Comments comply with these Terms. We are not obligated to keep Comments confidential, compensate you, or respond.
We may monitor, edit, or remove Comments at our discretion. You agree that your Comments do not violate third-party rights or contain malware. You are solely responsible for your Comments.
SECTION 12: ERRORS, INACCURACIES, OMISSIONS
We may occasionally include errors or omissions in Services, such as product descriptions, prices, promotions, or availability. We reserve the right to correct, change, or cancel orders for inaccuracies without notice.
SECTION 13: PROHIBITED USES
You may use Services only for lawful purposes. Prohibited uses include illegal, harmful, misleading, or abusive activities, unauthorized data collection, impersonation, viruses, spam, or interfering with security features. Violations may result in suspension or termination of your account.
SECTION 14: TERMINATION
We may terminate this agreement or your access at our discretion without notice. Obligations for amounts owed remain. Sections on Intellectual Property, Comments, Termination, Disclaimers, Liability, Indemnification, Governing Law, and Privacy persist after termination.
SECTION 15: WARRANTY DISCLAIMER
Services and products are provided "as-is" and "as available," without warranties, including implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not guarantee uninterrupted or error-free use. Some jurisdictions may not allow disclaimers; if so, this may not apply to you.
SECTION 16: LIMITATION OF LIABILITY
To the maximum extent permitted by law, Babbaki and its affiliates, officers, employees, agents, contractors, licensors, and Shopify are not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products.
SECTION 17: INDEMNIFICATION
You agree to indemnify Babbaki, Shopify, and affiliates against any losses, claims, or damages resulting from (1) your violation of these Terms; (2) violation of laws or third-party rights; or (3) your use of the Services.
SECTION 18: SEVERABILITY
If any provision is found unenforceable, it will be applied to the extent permitted by law; the rest remain in effect.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision does not constitute a waiver. These Terms and policies constitute the entire agreement and prevail over prior agreements or communications.
SECTION 20: ASSIGNMENT
You may not transfer rights or obligations without written consent. We may assign or transfer these Terms without your consent.
SECTION 21: GOVERNING LAW
These Terms and related agreements are governed by applicable federal or state courts in Babbaki’s jurisdiction. You and Babbaki submit to this jurisdiction.
SECTION 22: HEADINGS
Headings are for convenience and do not limit the Terms.
SECTION 23: CHANGES TO TERMS
We may update or modify Terms at our discretion by posting updates on our website. Continued use of Services indicates acceptance of changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms may be sent to carlotta@thecrowd.agency.
Contact Details:
Company Name: Batik & Co S.C.P
Email: hola@babbaki.com
Physical Address: c/ Alt de Gironella 12, 08017 Barcelona, Spain
VAT Number: ESJ04975918
Company Number: J04975918
