Product Availability & Pricing
Merchandise displayed on the Site may not be available in all sizes and colors. All prices are quoted in U.S. Dollars and are valid and effective only in the United States. Prices and availability of the merchandise are subject to change. In the event that a product is listed at an incorrect price due to typographical or technological error, a mistake in pricing information, or other inadvertent error, Balau Brandsreserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Balau Brands reserves the right to refuse or cancel any orders for any reason, even if the order has been confirmed. If your credit card has already been charged for the purchase, Balau Brands shall issue a credit to your credit card account in the full amount actually charged.
Product Display and Description
Balau Brands makes every effort to display as accurately as possible the colors and texture of all merchandise that it displays on the Site. However, the colors and texture you actually see on the Site depends on certain factors that are beyond our control (for example, your computer monitor settings and features.) Balau Brands does not guarantee that the color or texture or detail of actual merchandise will be identical to its depiction on the Site. Balau Brands does not guarantee that product descriptions or the other content of this Site are accurate, complete, reliable, current or error-free. If you determine that a product offered by us is not as described, your sole remedy is to return it in an unused condition and request a refund. Links to Other Websites and Services for your convenience and information, the Site may contain links to other websites, third party services and resources, the availability and content of which Balau Brands does not control (“Other Websites”). All concerns regarding any Other Website, including but not limited to the content or quality thereof, or any link thereto, must be directed to the owners and operators of the Other Website. Balau Brands makes no representation or warranty that any Other Website or links thereto or therefrom contain or display suitable, safe or appropriate materials. Balau Brands is not responsible or liable for the actions products or content of any other third parties.
Special Offers and Promotions
Balau Brands may, from time to time, extend special offers, discounts, coupons, contests, referral programs and other incentives to users (the “Promotions”). By participating in any Promotion, you agree to be bound by and accept all provisions that apply to this Special Offers and Promotions section of the Site (the “Rules”). Balau Brandsreserves the right to amend or alter the Rules from time to time, posting the revised Rules on the Site shall serve as sufficient notice to you of such changes. Unless otherwise specified in the Promotion details, participation in a Promotion is free, except for the payment of any price of merchandise that you purchase during the Promotion. The terms of any promotion, including but not limited to the eligibility requirements, the dollar amount of discount offered and the Promotion expiration date, may be changed from time to time in the sole discretion of Balau Brands without notice to you, even if the Promotion is in progress. By participating in a Promotion, you agree to the entry of your name and other personal information and you authorize Balau Brands to use, reproduce or alter such information. All writings, photographs and/or other materials submitted to Balau Brands in connection with a Promotion become the sole property of Balau Brands upon transmission, and will not be returned to you. Such material may be copied, edited, distributed, retained or destroyed by Balau Brands at the sole discretion of us. You must not submit any material that you did not create or do not own. It is strictly prohibited to submit to Balau Brands any material that violates the copyright, publicity/privacy rights or other intellectual property rights of a third party, or that is in breach of obscenity or other civil or criminal laws. Balau Brands is not liable in connection with submissions that are lost, damaged, or delayed in transit or via internet delivery. In the event of a dispute, entries submitted via internet will be deemed to have been made by the authorized account holder of the email address cited on the submission form on the date of submission. Any intentional attempt to damage the Site or to undermine or manipulate the legitimate operation of any Promotion may be in violation of civil and criminal laws.
In the case of a Promotion is a contest, the following additional Contest Rules apply: In order to participate in our contest, you must be 18 years or older, and must live in the United States or the District of Columbia. Employees and officers of Balau Brands or its affiliates are prohibited from participating in any of our contest. Where the winner(s) of a prize is/are to be selected on a random basis, we shall use an online random number generator or other neutral system for selection of an entry at random. Balau Brands will notify the winner(s) by email, which will be sent to the email address indicated on the contest entry form. In order to secure a prize, a winner must respond to such email within 48 hours of receipt. Failure timely to respond to the notification, or upon request, to submit a timely affidavit of eligibility, will result in disqualification. In the event of disqualification the prize shall be awarded to the next eligible participant. Prizes are not transferable. Balau Brands reserves the right to substitute any prize for a prize of equal value without notice to the participant. The participant shall accept delivery of the prize or substituted prize. All winners of Balau Brands contests are solely responsible for compliance with all applicable federal, state and local taxes.
In the event that you submit content for use on the Site, submit materials to us through the Site, or otherwise provide content or materials to us or third parties as part of a Promotion or otherwise (collectively, “User Content,”) you agree to defend, indemnify and hold Balau Brands harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, that may from or related to your use of the Site or any claim by a third party that the User Content infringes upon such third party’s rights.
The Site, all contents of the Site and all goods described or sold on the Site are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Balau Brands does not warrant that the Site, its servers, or e-mail sent from us are free from viruses or other harmful components. You acknowledge by your use of the site that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment or software that you use in connection with your use of the Site. You further agree that Balau Brands will not be liable for any damages of any kind related to your use of the Site.
Limitation of Liability
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT BALAU BRANDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE SITE CONTENT OR FEATURES OF THE SITE, PROVIDED THAT, TO THE EXTENT THAT SUCH LIMITATION OF LIABILITY IS PROHIBITED BY LAW IN THE JURISDICTION IN WHICH THE USER IS USING THE SERVICE, THE MAXIMUM LEGALLY PERMISSIBLE LIMITATION OF LIABILITY SHALL APPLY.
We may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny your access to the Site, if in our sole discretion you fail to comply with any term or provision of this Agreement.