Användarvillkor

OVERVIEW
This website is operated by Tibatoes. Throughout the site, the terms “we”, “us” and “our” refer to Tibatoes. Tibatoes offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://tibatoes.com/policies/refund-policy 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: https://tibatoes.com/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://tibatoes.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TibaToes designs its products with the highest standards of quality and care. However, by purchasing, using, or allowing a child to use our products, you acknowledge and agree to the following:

1. Assumption of Risk: The use of TibaToes products is at your sole discretion and risk. While our products are designed for comfort and functionality, TibaToes does not guarantee that they are suitable for all activities or environments.

2. No Liability for Injuries or Damages: To the fullest extent permitted by applicable law, TibaToes shall not be held liable for any injuries, accidents, or damages, whether direct, indirect, incidental, consequential, or otherwise, arising from the use of our products. This includes, but is not limited to, injuries sustained during physical activities, slips, falls, or misuse of the products.

3. Parental Responsibility: Parents, guardians, or purchasers are solely responsible for supervising the use of our products and ensuring they are used in a manner appropriate for the child’s age, physical condition, and the environment.

4. Disclaimer of Warranties: TibaToes makes no warranties, express or implied, regarding the suitability or safety of its products for any particular purpose or activity. All products are provided "as is" and without any guarantees.

By purchasing and/or using TibaToes products, you agree to release, indemnify, and hold harmless TibaToes and its affiliates, employees, officers, and agents from any claims, liabilities, or expenses arising from the use or misuse of the products.

SECTION 13A – SAFETY WARNING; PARENTAL SUPERVISION REQUIRED

⚠ WARNING: CHOKING HAZARD. Certain TibaToes products, including but not limited to busy boards and activity toys, contain small parts, detachable components, buttons, buckles, zippers, laces, or elements that may become detached through use or wear. Small parts present a choking, aspiration, and ingestion hazard, particularly to children under three (3) years of age. These products are not intended for children under 3 years unless expressly stated otherwise on the product packaging.

By purchasing or permitting a child to use any TibaToes product, you expressly acknowledge and agree to each of the following:

1. Mandatory Adult Supervision. All TibaToes products intended for use by children must be used only under the direct, active, and continuous supervision of a responsible adult. "Direct supervision" means the adult is physically present, attentive, and within immediate reach of the child during use. Products must never be left with a child unattended, including during sleep, in cribs, car seats, or strollers.

2. Age Guidelines Are Binding Conditions of Use. Age recommendations stated on packaging, labeling, or product listings are material safety conditions, not suggestions. Use of any product by a child younger than the stated minimum age constitutes misuse of the product.

3. Pre-Use and Ongoing Inspection. Before each use, the purchaser or supervising adult must inspect the product for loose, cracked, damaged, or detached parts, loose stitching, or exposed fasteners. Any product showing damage or wear must be immediately withdrawn from use and kept out of reach of children. Continued use of a damaged product constitutes misuse.

4. Choking Hazard Acknowledgment. You acknowledge that you have read and understood the choking hazard warnings displayed on the product page, packaging, and these Terms prior to purchase, and that you accept sole responsibility for keeping small parts away from children under 3 and from any child who mouths objects.

5. Intended Use Only. Products must be used solely for their intended play purpose and in accordance with all instructions and warnings. Modification, disassembly, or use of the product or its components in any unintended manner voids all warranties and constitutes misuse.

6. No Developmental, Therapeutic, or Medical Claims. Unless expressly certified and stated, products are not designed, tested, or certified for therapeutic, developmental, medical, or special-needs use, and no educational or developmental outcome is warranted.

7. Assumption of Risk. You understand that children's products, particularly those containing small parts, involve inherent and serious risks including choking, ingestion, aspiration, entanglement, and injury. To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all such risks on behalf of yourself and, to the extent permitted by law, on behalf of any minor in your care.

SECTION 13B – RELEASE, LIMITATION OF LIABILITY AND DAMAGES CAP

To the fullest extent permitted by applicable law:

(a) TibaToes, DCOMMERCE GLOBAL LIMITED, and their respective affiliates, officers, directors, employees, agents, suppliers, and manufacturers (the "TibaToes Parties") shall not be liable for any injury, death, loss, or damage of any kind arising from or related to the use, misuse, or inability to use any product, including injuries arising from choking, ingestion, or aspiration of small parts, except where such liability arises from a defect for which liability cannot be excluded under mandatory applicable law.

(b) In no event shall the TibaToes Parties be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including medical expenses, emotional distress, or loss of income, whether based in contract, tort (including negligence), strict liability, or otherwise.

(c) The aggregate liability of the TibaToes Parties arising out of or relating to any product or these Terms shall not exceed the purchase price actually paid for the specific product giving rise to the claim.

(d) Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory applicable law, including certain statutory consumer rights, and nothing in these Terms is intended to limit such rights. Where any limitation is held unenforceable, liability shall be limited to the maximum extent permitted.

SECTION 13C – INDEMNIFICATION FOR MISUSE

You agree to indemnify, defend, and hold harmless the TibaToes Parties from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of (a) use of a product contrary to its age grading, warnings, or instructions; (b) failure to provide adult supervision as required by Section 13A; (c) continued use of a damaged or worn product; or (d) any modification of a product.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tibatoes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION

SECTION 18A – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (U.S. Customers)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

18A.1 Agreement to Arbitrate. If you reside in the United States, you and TibaToes / DCOMMERCE GLOBAL LIMITED agree that any dispute, claim, or controversy arising out of or relating to these Terms, your purchase or use of any product, or any advertising or marketing related thereto — whether based in contract, tort (including negligence and product liability), statute, fraud, or any other legal theory — shall be resolved exclusively by binding individual arbitration, rather than in court, except as provided in Sections 18A.3 and 18A.7.

18A.2 Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, in the county of your residence or remotely by videoconference at your election. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Rules; where those rules require us to bear costs beyond your filing fee, we will do so.

18A.3 Small Claims Carve-Out. Either party may bring an individual claim in small claims court in your county of residence, provided the claim remains in that court and is pursued on an individual basis.

18A.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND TIBATOES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court, and the waiver shall remain enforceable as to all other claims.

18A.5 Opt-Out Right. You may opt out of this Arbitration Agreement by emailing hello@tibatoes.com within thirty (30) days of your first purchase, with the subject line "Arbitration Opt-Out," stating your name, order number, and a clear statement that you decline this arbitration agreement. Opting out will not affect any other provision of these Terms or your ability to purchase from us.

18A.6 Survival and Severability. This Arbitration Agreement survives termination of these Terms. If any portion of this Section 18A other than the class action waiver in 18A.4 is found unenforceable, that portion shall be severed and the remainder enforced.

18A.7 Exceptions. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in court for infringement or misuse of intellectual property rights, and nothing limits your right to bring issues to the attention of federal, state, or local consumer protection agencies.

18A.8 Customers Outside the United States. If you reside outside the United States, this Section 18A does not apply to you, and disputes shall be resolved under Section 18.1, subject to any mandatory consumer rights in your jurisdiction (including, for EU/UK consumers, the right to bring proceedings in your country of residence and access to the EU Online Dispute Resolution platform where applicable).

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@tibatoes.com.
Our contact information is posted below:
TibaToes / DCOMMERCE GLOBAL LIMITED
hello@tibatoes.com