Terms and Conditions
Last Updated: June 1, 2024
Welcome to Shop Labubu. These Terms and Conditions govern your use of the Shop Labubu website located at labuburub.com ("Website") and the purchase of products through our Website.
Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services.
1. Acceptance of Terms
By accessing and using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you and Shop Labubu.
We may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms on the Website. You agree to review these Terms and Conditions periodically to be aware of such modifications and your continued use of the Website shall be deemed your conclusive acceptance of the modified terms.
2. Website Use and Account
2.1 Eligibility
You must be at least 13 years of age to use this Website. By using this Website and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 13 years of age. If you are under 18 years old, you must have your parent or guardian's permission to use this Website and to make any purchases.
2.2 Account Creation
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.3 Prohibited Activities
You may not use our Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to:
- Modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website
- Use the Website to transmit any computer viruses, worms, or any software intended to damage or alter a computer system or data
- Use the Website to collect or track the personal information of others
- Attempt to access any parts of the Website that you are not authorized to access
- Harass, abuse, or harm another person using the Website
- Upload or transmit any material that is unlawful, defamatory, offensive, obscene, or harmful
- Interfere with or disrupt the Website or servers or networks connected to the Website
- Impersonate or misrepresent your affiliation with any person or entity
2.4 Intellectual Property
The Website and its original content, features, and functionality are owned by Shop Labubu and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Website in any form or by any means without our prior written permission, except for temporary viewing on a personal computer or mobile device.
3. Products and Purchases
3.1 Product Information
We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions, pricing, or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Product images on the Website are for illustrative purposes only. The actual product may vary slightly from the image due to factors such as display settings, lighting conditions, and product updates.
3.2 Pricing and Availability
All prices are shown in US Dollars (USD) and do not include applicable taxes and shipping fees, which will be added to your order during the checkout process.
We reserve the right to change prices for products displayed on the Website at any time, and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we may, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
All products are subject to availability. We do not guarantee that items will be in stock at the time of purchase. In the event that a product is unavailable after you place an order, we will notify you, and you will not be charged for the unavailable item.
3.3 Orders and Acceptance
When you place an order, you are making an offer to purchase the product(s) you have selected. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, or problems identified by our verification procedures.
After you place an order, you will receive an email acknowledging that we have received your order. This email does not constitute acceptance of your order; it only confirms that we have received it. Your order is accepted and a contract is formed when we send you a confirmation email stating that your order has been shipped.
3.4 Payment
We accept the following payment methods: credit cards (Visa, MasterCard, American Express, Discover), PayPal, and other payment methods as indicated during checkout.
By submitting your payment information, you represent and warrant that you have the legal right to use any payment method(s) you provide in connection with your account. You also authorize us to charge your chosen payment method for any orders placed through your account.
All payments must be made in full before products are shipped.
3.5 Shipping and Delivery
We ship products to the destinations indicated on the Website. Shipping times and costs vary depending on the destination and shipping method selected during checkout.
While we make every effort to deliver products within the estimated timeframes, delivery times are not guaranteed. Delays may occur due to customs processing, weather conditions, or other factors beyond our control.
Risk of loss and title for items purchased from our Website pass to you upon delivery of the items to the carrier.
4. Returns and Refunds
Our return and refund policy is outlined in our separate Refund Policy. Please refer to that document for detailed information about returns, exchanges, and refunds.
5. Warranty and Disclaimers
5.1 Product Warranty
We warrant that the products purchased from our Website will be free from defects in materials and workmanship at the time of delivery. This warranty is limited to the repair or replacement of the defective product, or a refund of the purchase price, at our sole discretion.
This warranty does not cover damage resulting from accident, misuse, abuse, negligence, alteration, or normal wear and tear.
5.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
5.3 Limitation of Liability
IN NO EVENT SHALL SHOP LABUBU, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SHOP LABUBU FOR THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Indemnification
You agree to indemnify, defend, and hold harmless Shop Labubu, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you or any other person accessing the Website using your account.
7. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Shop Labubu.
Shop Labubu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Shop Labubu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms and Conditions.
If you wish to terminate your account, you may simply discontinue using the Website or contact us to request account deletion.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Alabama, USA, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Birmingham, Alabama, USA.
10. Miscellaneous
10.1 Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Shop Labubu regarding your use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Shop Labubu regarding your use of the Website.
10.2 Waiver
The failure of Shop Labubu to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
10.3 Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
10.4 Assignment
You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Shop Labubu's prior written consent. Any attempt by you to assign or transfer these Terms and Conditions without such consent shall be null and of no effect. Shop Labubu may assign or transfer these Terms and Conditions, at its sole discretion, without restriction.
10.5 Force Majeure
Shop Labubu shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
- By email: legal@labuburub.com
- By mail: Shop Labubu, 6728 Wolff Ways, West Elvie, AL 66788-2640, United States
- By phone: +1 959-224-6245