Last Updated: April 09, 2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Babelucci, Inc. ("Babelucci," "we," "us," or "our"), governing your access to and use of our website, www.babelucci.com (the "Site"), and your purchase and use of our high-performance luxury sporting goods, including but not limited to equipment for golf, tennis, pickleball, and billiards (collectively, the "Products"). By accessing the Site, placing an order, or using our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy [link to Privacy Policy]. If you do not agree to these Terms, you may not use the Site or purchase our Products.
1. Company Overview
Babelucci, Inc. is a manufacturer and retailer of premium sporting goods engineered for superior performance in golf, tennis, pickleball, and billiards. Our Products are crafted with precision and premium materials to enhance your sporting experience.
2. Eligibility
Use of the Site and purchase of Products are available only to individuals who are at least 18 years of age or the age of legal majority in their jurisdiction, whichever is greater, and who can form legally binding contracts under applicable law. By using the Site or placing an order, you represent and warrant that you meet these eligibility requirements.
3. Account Registration
- Account Creation: To place orders or access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Notify us immediately at support@babelucci.com if you suspect unauthorized use of your account.
4. Orders, Pricing, and Payment
- Order Placement: All orders are subject to acceptance by Babelucci. We reserve the right, at our sole discretion, to refuse or cancel any order, including due to product unavailability, pricing errors, or suspected fraudulent activity. If an order is canceled after payment, we will issue a full refund.
- Pricing and Taxes: Prices are displayed in U.S. dollars (USD) unless otherwise stated and exclude applicable taxes, shipping, and handling fees, which will be calculated and disclosed at checkout. We reserve the right to modify prices at any time without prior notice, though such changes will not affect confirmed orders.
- Payment Terms: Payment must be made in full at the time of order placement using accepted methods [e.g., Visa, MasterCard, American Express, PayPal]. By submitting payment, you authorize Babelucci and its payment processors to charge the total amount, including taxes and fees, to your selected payment method.
- Order Confirmation: Upon successful payment, you will receive an email confirmation. This does not guarantee product availability; if an item is unavailable, we will notify you and refund the applicable amount.
5. Shipping and Delivery
- Shipping Policy: We ship to locations specified on the Site [e.g., United States and select international destinations]. Shipping costs and estimated delivery timelines are provided at checkout. Babelucci is not liable for delays caused by third-party carriers, customs authorities, or events beyond our reasonable control (e.g., natural disasters).
- Title and Risk of Loss: Title to Products and risk of loss pass to you upon delivery of the Products to the designated shipping carrier.
6. Returns, Refunds, and Warranty
- Returns: Unused Products in original, unopened packaging may be returned within 30 days of delivery, subject to our Return Policy [link to detailed policy]. Custom-made or personalized Products are non-returnable unless defective. Return shipping costs are your responsibility unless the return is due to our error.
- Refunds: Refunds for eligible returns will be processed within 10 business days of receipt, issued to the original payment method, excluding original shipping costs unless otherwise required by law.
- Limited Warranty: Babelucci Products are warranted against defects in materials and workmanship for a period of one (1) year from the date of delivery, under normal use. This warranty does not cover damage from misuse, neglect, accidents, or unauthorized repairs. Contact support@babelucci.com to initiate a warranty claim. See our Warranty Policy [link] for full details.
7. Intellectual Property
- Ownership: All content on the Site, including but not limited to text, images, logos, designs, product descriptions, and the "Babelucci" trademark, is the exclusive property of Babelucci, Inc. or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
- Limited License: You are granted a non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. Any reproduction, modification, distribution, or commercial use of our content without prior written consent is strictly prohibited.
8. User Conduct
You agree not to:
- Use the Site or Products for any illegal or unauthorized purpose.
- Interfere with or disrupt the Site’s functionality, security, or integrity (e.g., through hacking or introducing malware).
- Submit false or misleading information in connection with your account or orders.
9. Disclaimer of Warranties
Except as expressly provided in Section 6, the Site and Products are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Babelucci does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Babelucci, its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or use, arising out of or related to your use of the Site or Products, whether based in contract, tort, or otherwise. Our aggregate liability for any claim under these Terms shall not exceed the amount you paid for the Product(s) giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Babelucci, Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, misuse of the Site or Products, or violation of applicable law.
12. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
- Arbitration: Any dispute arising out of or relating to these Terms or your use of the Site or Products shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, conducted in Wilmington, Delaware. You waive any right to participate in a class action or jury trial, except where such waiver is prohibited by law.
13. Force Majeure
Babelucci shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, or supply chain disruptions.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Updates will be posted on the Site with the revised "Last Updated" date. Your continued use of the Site or purchase of Products following such changes constitutes your acceptance of the modified Terms.
15. Termination
We may suspend or terminate your access to the Site or your account at our sole discretion, with or without notice, for any reason, including suspected violation of these Terms.
