Baby’s Planet® is a registered trademark of SanBarr Inc. (“the company”), conducting business through the domains “www.babysplanet.com
” and/or “www.babysplanet.net
” (the site) and Baby’s Planet® Brick-and-Mortar retail locations. All commerce, use of services, and information offered on this website are bound by the terms and conditions set forth below, and by any and all disclaimers, policies, and/or descriptions found within website. Amended terms are effective upon being posted. You should therefore review these terms from time to time. Your access and use of the site or the service after the effective date of amended terms means that you have accordance with these terms. If you are not in agreement with any of the terms you should discontinue using the site.
Customer / User Account
Subject to these terms, the company grants you a limited, non-exclusive, non-transferable, non-assignable, and revocable right to a limited use of the site for the purposes specified herein. You grant to the company a transferable, assignable right to use the information you supply to the site, including but not limited to the use of the information to supply you with products or services requested, to provide the service and to execute any appropriate charges as further explained in these terms.
In some instances, use of this site may require registration. In such case, you agree to provide only true, accurate and current information. 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. This site is directed for use by adults. Those under the age of 18 should not use this site. If you are under the age of 18 but older than 13, your parent or guardian should use this site on your behalf, and you should not use the site on your own or provide any personal information to the company. The company reserves the right to refuse service, terminate accounts or cancel orders at its sole discretion.
The company shall be entitled to rely on your representations under these terms. The company will not be subject and will not accept any claims from any parties claiming that they did not authorize the furnishing, delivery and/or to receive any information or service, whether or not through the site. You are the person responsible for your use of the service, and for any consequences under these terms.
Copyright & Trademarks
All of the content included on the site and service, including without limitation the text, graphics, logos, icons, screens and configurations, is the property of the company or its licensors (or is a nominative use of a trademark) and is protected by either registered or common law trademarks and copyrights under the laws of Puerto Rico and/or the united states. The contents of this site and the software used herein are the property of the company or its software suppliers and is also protected by the united states copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these terms. You do not acquire any ownership rights by printing or downloading any information or using the site and/or the service. Any use of the content or software on this site or from the service other than for the express services provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, or creating derivative works. You may not delete or alter, in part or in whole, any copyright, trademark, intellectual property or other legal notices from any part of this site.
Notwithstanding the foregoing, the company authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such site. This license does not include any resale of this site or its contents; any collection of product listings; descriptions or prices; any other derivative use of this site or its content; and downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering tools.
All comments, reviews, feedback, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information and other content or submission disclosed, or submitted by you to the company or included with any hashtags provided by the company, on or by the site or otherwise disclosed to you in connection with your use of the site (hereinafter, “user content”) will become property of the company. Such disclosure or submission of user content will constitute a consent and an assignment to the company of all rights, titles and interests in all copyrights and other intellectual property, including right of publicity and own image, in the user content. With your disclosure or submission of user content you represent to the company that the user content submitted by you does not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
Therefore, you agree to indemnify the company for all claims arising from or in connection with any claims from a third party to any rights in any user content you disclosed or submitted to the company. If you submitted or disclosed any user content by error or wish that the company eliminate, remove or takedown user content submitted or disclosed by you from the site, you may email a request to firstname.lastname@example.org
, so that we may take steps to remove such content. Such request may take seven to ten working days to take effect.
The site offers features that enable you to post comments, feedback and/or reviews and ratings of the company’s products. All of the rules described in the “prohibited activities” section below apply to your use of these features. The company reserves the right, at its sole discretion, to edit any submission you include in the use of these features and to choose to include or not include such submission in the forums or otherwise on the site. You further agree that user content submitted or disclosed by you to the site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material.
The company complies with the digital millennium copyright act ("DMCA"), title 17, united states code, section 512(c)(2), where applicable. If you believe that any content of the site infringes your intellectual property rights, you must submit a notification explaining such infringement. To be valid, such notification should meet the requirements provided in title 17, united states code, section 512(c)(3). Notices should be sent to: email@example.com
, with the subject “DMCA takedown notice”.
By placing an order or requesting a product and/or service through the site, you represent and warrant that you are 18 years of age or older (or of legal age to enter into these terms in whichever jurisdiction you reside) and that all the information you are providing, if any, including without limitation your e-mail address, is accurate, current and complete.
Social Media Tag Usage
By using #babysplanet, @babysplanet and any other similar social media tag in any way related to any of the sites, each user agrees to provide Baby’s Planet with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.
Billing & Payment
By submitting the information required in the registration and billing process through the site, you are agreeing to a charge (the "charge") for the amount disclosed at the site. Therefore, you agree for the company to be authorized to directly charge you through the method of payment provided and collect the charge, including any applicable taxes, and impose any applicable premium surcharges and extra charges that may apply for the use of any of the features of the service. The company will not be responsible for any charges, surcharges, extra charges, or taxes billed to you by your internet service provider, or for any of the services promised to you by your internet service provider. You represent that all information provided by you in the registration, purchasing, and billing process is accurate.
Shipping fees and shipping restrictions may be applicable depending on the jurisdiction you reside.
The company attempts to be as accurate as possible in describing all products available for sale and/or distribution in the site. The company does not warrant however that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
Price and availability information provided on this site is subject to change without notice. All prices are quoted in us dollars.
You may not hack the site or place any content on the site that, in the company's sole determination, is fraudulent, false, or misleading; harassing; illegal, abusive or threatening; infringing of the copyrights and trademarks of others; sexually explicit; profane, obscene, or pornographic; defamatory or libelous; is or may be harmful to minors; constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; is otherwise objectionable; not permitted by the site under normal operation of the site; disables or otherwise blocks partial or full functionality of the site to others and/or to company.
You may not use the site or your account with the site, for any commercial or political advertisements, business, solicitations or promotions. You may not upload any destructive programs, information, file, or software such as viruses and/or self-replicating code or take any other actions to harm the site or other computers or electronic equipment. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of the site or service. You may not solicit passwords or other personal information from any other uses of the site or service. You may not post or transmit any message which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You will not allow any other person other than yourself to use the service through your service account.
You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the site and/or the service. You may not copy, reproduce, prepare derivative works from, publicly perform, publicly display or distribute the service or the site in any manner not expressly authorized by the company. You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the site or the service or attempt to do so or assist or encourage others in doing so. You may not submit through the site or through the service false or incorrect information to the company.
If you breach or infringe or the company reasonably suspects that you may have breached or infringed any of the clauses in this section, or any of the other clauses, representations, and covenants of these terms, the company may, in its sole discretion, suspend, cancel, and/or terminate your account and/or access to the site and/or the service or any part thereof with or without notice to you. The company may in its sole discretion terminate these terms or suspend, cancel or terminate any right or license granted in these terms, your service account and/or the service or any part thereof for any or no reason with or without notice to you. If the company suspends, cancels, or terminates the service or your account under this paragraph, the company shall have no liability or responsibility to you, including without limitation that company will not be responsible for any payments made by you for any service or products not delivered. This paragraph will not be interpreted as creating any responsibility on the company's behalf.
You understand and agree that any unauthorized use of the site or the service would result in irreparable injury to the company, its affiliates and/or their business partners, licensors and/or business partners for which money damages would be inadequate, and in such event, and/or in a breach of these terms, the company, its affiliates and/or their business partners, licensors and/or business partners, as applicable, shall have the right, in addition to other remedies available at law and in equity, to request immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that the company, its affiliates, and/or their business partners, and/or licensors may have under other clauses of these terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
The company’s failure to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of the company to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
As a convenience, the site, the service, electronic communications delivering content and electronic versions of products or services may contain links to other internet sites that are owned and operated by third parties. External links are beyond the control of the company. By offering you these links, the company is not endorsing any of the other sites and is not making any representation as to their content. The company has no responsibility or liability, directly or indirectly, for such third-party sites, including without limitation for the content of third-party sites. You may access linked sites at your own risk. The company, its affiliates and/or their business partners may present promotional materials and advertisements offered by third parties through the site and the service. Such promotional materials and events of third parties, including without limitation payment and delivery of goods or services, your interaction with such third party, and the corresponding terms, conditions, and covenants, are solely between you and such third party. The company and/or its affiliates and their business partners shall not be responsible for any transactions or any claims you may have with such third parties.
The site and the service, including without limitation any and all parts thereof, are provided on an "as is" basis and the use of the site and/or the service, including without limitation any and all parts thereof, is entirely at your own risk. The company and its officers, directors, owners, representatives, independent contractors, employees, agents, affiliates and business partners make no representations or warranties of any kind, express or implied, as to the operation of the site and the service, including without limitation any and all parts thereof, the information, content, materials, products or services included on the site and the service, including without limitation any and all parts thereof, including without limitation any implied warranties of merchantability and fitness for a particular purpose and the statutory warranty against non-infringement.
There is no warranty that the service or the site will meet your requirements, or that your access to the same will be uninterrupted or error-free. The company and/or the company's entities, as applicable, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the service or the site with respect to performance, accuracy, reliability, security capability, correctness or otherwise. You will not hold the company and/or the company's entities, as applicable, responsible for any damages that result from you accessing the service or using the service, and/or the site including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer information or data that may result from that use. No oral advice or written information given by the company and its officers, directors, owners, representatives, independent contractors, employees, agents, or affiliates or business partners, will create a warranty and you may not rely on any such information or advice. The company is not responsible to you for any content provided through the service or for any download or content you find objectionable.
The company assumes no responsibility for typographical errors or other mistakes in posted prices or in the description of a product. The company reserves the right to reject or cancel orders that have been placed for such a product listed.
Neither the company nor any of its representatives, affiliates, licensors or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the services or transactions through this site or the inability to gain access to the site. You agree that, in no event shall the company or its officers, directors, owners, independent contractors, employees, agents, licensors or affiliates be liable, and you release all such persons from any liability, directly or indirectly, to you for any loss, damage, liability or expense arising out of or related to the use of this site or the use of the services through this site, regardless of whether such loss, damage, liability or expense results directly or indirectly from the company’s negligence.
You hereby release and forever discharge the company and its officers, directors, owners, representatives, independent contractors, agents, employees, subsidiaries and affiliates, and their respective successors and assigns, from any and all manner of liability, claims, counterclaims, demands, setoffs, damages, or causes of action, which you now have or which may hereafter accrue, whether heretofore asserted or unasserted, known or unknown, arising out of, or in any way relating to use of the site or any service by you, specifically including but not limited to any claims based in whole or in part upon the alleged negligence of the company or its affiliates, in operating the site, the service, or otherwise.
The company may in its sole discretion terminate these terms or suspend, cancel or terminate your account and/or the site and/or the service or any part thereof for any or no reason with or without notice to you. The company may, from time to time, change, modify and/or discontinue (temporarily or permanently) the site and/or the service or any part thereof with or without notice to you. The company shall not be liable to you or to any third party for any modification and/or discontinuation of the site and/or the service or any part thereof.
You agree to indemnify the company and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the “indemnitees”) for, from, and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the "claims") by reason of, in any way relating to, or arising out of: (a) your use of the site and/or the service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the site and/or the service; (c) any content or information uploaded by you or through your account to the site, to the service, to the computer systems running the site and/or the service or otherwise; and (d) any violation of these terms. You agree to reimburse any and all indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney's fees, court and filing fees, and other costs, as result of any claims.
Applicable Law & Jurisdiction
These terms shall be exclusively construed and governed by the laws of the commonwealth of Puerto Rico without regard to its conflict of law’s provisions or the laws of any other state or country or your actual state or country of residence. Any dispute relating in any way to your use of the site, products or services purchased therein shall be submitted to the court of first instance of Puerto Rico, except in regards to issues pertaining violation of the company’s intellectual property, for which the company may seek relief from in any state or federal court.
The company will not be liable in any amount for failure to perform under these terms if such failure is caused by power outages, internet outages, communications outages, fire, flood, earthquakes, tornadoes, hurricanes, war, acts of god, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of the company. If you fail to receive a product or the service because of network congestion or unavailability, you may contact the company at firstname.lastname@example.org
The language, terms and clauses that appear at the "customer service" link at the site, as they may be amended from time to time are incorporated herein, except that these terms shall govern and control any contradiction between these terms and the language, terms and clauses that appear on the "customer service" link at the site. If there is any conflict between the English and the Spanish version of the language, the English version shall govern and control the conflict. Particularly, the "customer service" link may provide information addressing, but not limited to, the following matters: (1) returns and exchanges; (2) gift cards; (3) sales orders; (4) gift registries; and (5) credits.
The failure of the company to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of the company to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
Entire Agreement ; Severability
These terms constitute the entire agreement between you and the company and supersedes all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these terms, except that if there is any conflict between the English and the Spanish version of these terms, the English version of these terms shall govern and control the conflict. If any term, provision, covenant or restriction of these terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. The company's failure to pursue any available claim or defense pursuant to these terms will not be a waiver of such claim or defense. The headings used in these terms are for convenience only and will have no effect on the interpretation or legal enforceability of the terms herein.
Sales Orders & Pre-Orders
A Sales Order or Pre-Order will constitute an agreement between Baby’s Planet and the Client.
In order to enable us to fill your orders as fast as possible, Baby’s Planet can only permit a grace period of 2 calendar days for the Client to cancel or make changes to this order. Store credit will be issued for cancellations within this time period.
No refunds will be provided by Baby’s Planet after the 2- day grace period under any circumstances, except when fabrics and/or colors chosen by the Client may be discontinued without our knowledge. If this occurs, the Client will have the choice of choosing an alternative fabric/color or cancel part of the order requiring the discontinued fabric/color which will be refunded in the original form of payment or store credit at the Client’s discretion.
Some of our products are handmade and the wood stains hand rubbed. Due to nature of dyes, fabric dyeing processes, as well as natural inconsistencies that are inherent in individual pieces of wood or veneers --that are part of the unique appeal of the medium--, there might be slight color variations between final fabric and/or wood color compared to the fabric and/or wood sample shown at the time of placing the order. The Client acknowledges that such variation can be expected.
We make great effort to fulfill orders with utmost speed without compromising quality. However, all expected delivery times are approximately between 4 to 8 weeks but may vary for furniture items from 8 to 16 weeks; especially if custom fabrics and/or colors have been requested. Baby’s Planet accepts no liability for delays in delivery, even when a delivery date has been quoted and/or agreed.
All merchandise upon arrival must be accepted by the Client for delivery or pick-up (if applicable) no later than 14 days after initial notification of arrival. After this period, Baby’s Planet reserves the right to place merchandise on sale and extend a store credit for the amount paid.