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Terms of Sale

The Boppy Shop® – Terms and Conditions of Sale

THESE TERMS AND CONDITIONS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND THE BOPPY COMPANY, LLC (TBC)  TO PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY.  BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this agreement, you should not order any products through our website.

Orders and Acceptance:

By submitting an order, you represent and warrant that all information you have entered for the order is accurate.  We do not currently accept orders from all addresses for online sales.  Bright Starts only accepts orders shipping within the United States.  We do not accept orders that ship to US territories such as Puerto Rico, Guam, etc. or to post office boxes.  We are proud to accept orders shipping to our military APO/FPO addresses.  We will issue an email notifying you when your order has been shipped.

Order Cancellation/Change Policies:

As soon as you submit your order, we immediately begin processing your shipment.  Therefore, once an order is submitted through the online store, we are unable to cancel or change it.

Product Descriptions:

We do not warrant that product descriptions or other content of our website are accurate, complete, reliable, current, or error-free.  Each product is warranted as outlined in our Warranty Policy (see below).  Actual products may not be identical to items pictured.

Pricing:

All prices on our website are listed in U.S. dollars.  Prices do not include taxes, shipping or handling which shall be charged on all orders, as applicable, and will be indicated at the time of your order.  You are responsible for paying any use, value-added or other taxes and all shipping fees imposed on your purchases.  In the event a product is listed at an incorrect price due to typographical or other error, we reserve the right to cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and whether or not your credit card has been charged.  If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Lack of Availability:

We do not guaranty availability of our products.  If an item you have ordered is not in stock after the order has been placed, we will contact you with information regarding the next available ship date.  You will be given the option to cancel your order if the next available ship date is more than 30 days after the date of your order.

Payment:

All payments must be made by VISA, MasterCard, American Express, Visa debit card or MasterCard debit card.  No other payment methods are currently accepted for purchases from The Boppy Shop®.  Your rights as a cardholder are governed by your card issuer agreement and not this Agreement.  You agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived.  If we do not receive payment from your credit card issuer or its agent, you agree, upon demand, to pay all amounts due.  TBC is not responsible for any unauthorized amounts billed to your credit card by a third party.

Shipment and Delivery:

Our goal is to process and ship your order on all available goods within one business day of receipt.  For orders received on weekends and holidays your order will be processed within 24 hours after the next business day.  An email notification that your order has been shipped along with a tracking number will be sent to you shortly after your order has been processed. Shipments are made via commercial carrier.  In most cases you can expect to receive your order within seven to ten business days; however, shipping times are not guaranteed.  Excluding APO/FPO shipments, shipment is not available for delivery to a post office box and requires a standard street address.

Return Policy:

Products eligible for return are accepted up to 30 days from the date of shipment unless otherwise noted.   TBC accepts returns on non-sale merchandise that is unused and unopened.  Shipping charges are non-refundable.  TBC is not responsible for lost returns.  All returns are subject to the discretion of TBC. Only gift orders may be exchanged.  Exchanges are valid for unused and unopened items up to 30 days from the date of shipment, unless otherwise noted.  Exchanges are for like items/ like price only.  Shipping charges are non-refundable. TBC is not responsible for lost returns.  All exchanges are subject to the discretion of TBC.

Warranty:

When used in strict accordance with TBC’s directions for use, TBC warrants that the product will be free from material defects at the time of manufacture and for one year from the date of purchase. If a material defect is discovered during this limited warranty period, TBC will, at our sole discretion, either repair or replace your product. If you feel this is necessary, and the product is less than one year old, please send us your defective merchandise, proof of purchase, and a letter detailing why the product is defective. Please remember to include your name, address (no PO Boxes), and phone number. We cannot be held responsible for lost shipments. In addition, failure to provide complete information may result in no response from Customer Service.

Please ship to the following address:

The Boppy Company, LLC Attn: Customer Service 560 Golden Ridge Road, Ste. 150 Golden, CO 80401 Once the item has been received we will inspect it, and if it is found to be materially defective, we will replace it with the same or like item at no additional cost to you. If the product is more than one year old or is found not to be defective, it will be returned to you. This limited warranty does not cover claims resulting from (i) misuse, abuse or alteration of the product; (ii)  failure to follow the instructions regarding installation, maintenance and use of the product; or (iii) normal wear and tear. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCT IS SOLD “AS, IS” AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  TBC SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR EXPENSES TO PERSONS OR PROPERTY, CAUSED BY OR RESULTING FROM THE USE OF THE PRODUCT.  TBC’S MAXIMUM TOTAL LIABILITY TO ANY BUYER OF A PRODUCT IS EXPRESSLY LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. Notwithstanding the above, your statutory rights are not affected by these terms and conditions of sale.

Communication:

When you place an order, you consent to receive communications from us electronically.  We will communicate with you regarding your order and other inquiries by email.  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.  Your consent to enter into this Agreement electronically covers the current transaction only.

Changes and Severability

We provide our services to you subject to these Terms and Conditions of Sale.  We reserve the right to make changes to these Terms and Conditions of Sale at any time and from time to time in the future.  If any part, term or provision of these terms shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over these terms, the validity of the remaining portion or portions shall not be affected thereby.

Choice of Law:

These terms shall be governed by and construed in accordance with the laws of the state of Colorado, without giving effect to any principles of conflicts of law.  You irrevocably consent to the exclusive jurisdiction of any state or federal court having jurisdiction over Jefferson County, Colorado, in connection with any action arising out of or related to these terms of use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

Indemnification:

You hereby agree to indemnify, defend, and hold harmless TBC, its officers, employees, agents, business partners, and suppliers from and against all losses, damages, liability, claims, demands, causes of action and judgments, including but not limited to attorneys’ fees and court costs, arising in connection with (i) your use of The Boppy Shop®; (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account; or (iii) your failure to observe these Terms and Conditions of Sale.