Everything Else Terms & Conditions

KBS Terms of Service (Jan 15, 2023)

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY KBS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT WWW.KIMBERLYBABYSTORE.COM, WWW.KIMBERLYBABYSTORE.COM (THE "SITES”) AND SERVICES PROVIDED BY KBS (COLLECTIVELY, THE “SERVICES”).

By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “User" or “You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please contact us at sales@kimberlybabystore.com

1. kimberlyBaby Store (KBS)

KBS acts as a platform to allow users who comply with KBS's policies to offer, sell and buy goods. KBS is not directly involved in the transaction between buyers and sellers. As a result, KBS has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. KBS does not pre-screen users or the content or information provided by users. KBS cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, KBS does not transfer legal ownership of items from the seller to the buyer.

KBS cannot guarantee the true identity, age, nationality, or sense of humor of a user. KBS encourages you to communicate directly with potential transaction partners via the tools available on the Sites. You may also want to consider using a third-party escrow service or services that provide additional user verification.

You agree that KBS is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on KBS. You use the KBS service at your own risk.

2. Eligibility

Age: KBS's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. KBS may, in its sole discretion, refuse to offer access to or use of the Sites to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by KBS's policies as stated in the Agreement and the KBS policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by KBS, each of which is incorporated herein by reference and each of which may be updated by KBS from time to time without notice to you:

  • Privacy Policy
  • Community Guidelines

In addition, some services offered through the Sites may be subject to additional terms and conditions promulgated by KBS from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify KBS of any unauthorized use of your password or any breach of security. You also agree that KBS cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than KBS without KBS's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Right to Refuse Service: KBS's services are not available to temporarily or indefinitely suspended KBS members. KBS reserves the right, in KBS 's sole discretion, to cancel unconfirmed or inactive accounts. KBS reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining, setting up an account, making an offer on or listing an item for sale on KBS is free.

4. Listing and Selling

Listing Description: By listing an item on the Sites you warrant that you and all aspects of the item comply with KBS's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your KBS profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, misrepresent the item's location and price or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to KBS and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on KBS.

Restricted Activities:

Your Content and your use of KBS shall not:

  • Be false, inaccurate or misleading;
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including KBS staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
  • Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
  • Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
  • Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on KBS.

Furthermore, you may not list any item on KBS (or consummate any transaction that was initiated using KBS's service) that could cause KBS to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

6. Content

License: KBS does not claim ownership rights in your Content. You grant KBS a license solely to enable KBS to use any information or Content you supply KBS with, so that KBS is not violating any rights you might have in that Content. You grant KBS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow KBS to store or re-format your Content on KBS and display your Content on KBS in any way as KBS chooses. KBS will only use personal information in accordance with KBS's Privacy Policy.

Please use caution, common sense, and practice safe buying and selling when using KBS.

7. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with KBS's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. KBS is not involved with user generated groups, the groups' requirements, or the Meetings.

KBS does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that KBS does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

8. Resolution of Disputes and Release

Disputes with Users or Third Parties: In the event a dispute arises between you and another, KBS encourages you to contact the user or third party to resolve the dispute amicably.

9. No Agency

You and KBS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

10. KBS Service

KBS reserves the right to modify or terminate the KBS service for any reason, without notice, at any time. KBS reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If KBS makes a material change KBS will notify you here, by email, by means of a notice on our home page, or other places KBS deems appropriate. What constitutes a "material change" will be determined at KBS's sole discretion, in good faith, and using common sense and reasonable judgment.