Last updated: March 1, 2023
Introduction
Welcome to thebapesta.com, owned and operated by Bapesta® Shoes (“Bapesta“, “we“, “us“, or “our“). These Terms of Use (“Terms“) are a legal agreement between you and Bapesta governing your use of our website, related content, products and services (collectively, “Services“).
Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use our Services.
We may modify these Terms at any time, and such modification will be effective immediately upon posting the modified Terms. Your continued use of our Services constitutes acceptance of the modified Terms. You must discontinue use of our Services if you disagree with any modifications to these Terms.
Use of Our Services
You may use our Services only if you are 13 years or older and have the legal authority to enter into these Terms. Use of our Services is void where prohibited. By using our Services, you represent and warrant that you have the right and authority to enter into these Terms and comply with all of the terms and conditions herein.
Account Registration
You may browse certain sections of our Services without registering for an account. However, you must register for an account to access certain features, such as making purchases or submitting content.
When you register, you agree to provide accurate and complete information, and update your information to keep it accurate and complete. You are solely responsible for the activity that occurs on your account.
You may not register for more than one account or register for an account on behalf of someone else. You may not transfer your account to another person.
You are responsible for maintaining the confidentiality of your password and account information. You agree to immediately notify us of any unauthorized use of your account.
Content You Submit
You retain ownership of any content you submit via our Services. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with our Services.
You are solely responsible for the content you submit. Do not submit sensitive or illegal content. We have the right to remove any content for any reason.
Security
You are prohibited from violating or attempting to violate the security of our Services. Such violations may include:
- Accessing data not intended for you;
- Attempting to probe, scan or test the vulnerability of a system or network;
- Breaching security or authentication measures;
- Interfering with service to any user, host or network;
- Modifying features or functionality of our Services.
We reserve the right to investigate violations of these Terms and cooperate with law enforcement.
Payment Processing
We use third-party payment processors to process payments made through our Services. If you initiate a payment and there are insufficient funds in your account or a chargeback is filed, you agree to reimburse the charges and any additional fees incurred in collecting such amounts, including attorneys’ fees.
Sweepstakes, Contests, Promotions
Any sweepstakes, contests, promotions or similar activities made available through our Services may be governed by specific terms and rules. By participating in such activities, you become subject to those terms and rules.
Purchase Terms
The following terms apply when you purchase products through our Services:
- Product Descriptions: We strive to accurately describe our products, however images, descriptions, specifications, and availability may change at any time. We are not liable for inaccuracies or delays.
- Prices: Prices displayed include VAT. We reserve the right to adjust prices at any time. In case of pricing error, we will notify you and await your approval before processing an order.
- Shipping & Delivery: Shipping and delivery costs will be clearly displayed during checkout based on your shipping address. We ship most orders within 2-3 business days.
- Returns & Refunds: Please review our Returns Policy posted on our website prior to making purchases. Custom or personalized products may be ineligible for return or exchange.
- Customer Service: If you have any questions, contact us via our customer service channels. We will respond promptly within our posted business hours.
Intellectual Property Rights
Our Services contain material that is protected by copyright, trademarks, patents, trade secrets or other proprietary rights. You may use our Services for non-commercial use only. Any copy, adaptation, redistribution, publication or commercial exploitation of our Services without express authorization is strictly prohibited.
You must obtain permission from us or any applicable third party to reuse any content or images. The names, logos, trademarks, service marks, trade dress, trade names, and other distinctive branding features of Bapesta must not be used without express written permission.
Assumption of Risk
There may be risks, hazards and uncertainties associated with use of certain features of our Services. You assume full responsibility for your use of our Services, and for evaluating the accuracy, completeness, and usefulness of all opinions, advice, services and other information provided through our Services.
We make no warranty that our Services will meet your requirements or that they will be uninterrupted, timely, secure, accurate or error-free. We are not liable for any damage that may arise from use of our Services, including loss of data, revenue or goodwill.
Disclaimer of Warranties
Our services are provided “as is” and “as available” without warranty of any kind. We expressly disclaim all warranties, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that our services will meet your requirements, or that the services will be uninterrupted, timely, secure, accurate, complete or error-free. We also make no warranty on the reliability of any advice, opinion, good/service obtained through the site. You assume full responsibility for your use of the site.
Limitation of Liability
Bapesta shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from your use of the services. This applies regardless of the legal theory on which such damages may be based, whether in contract, tort, negligence, strict liability, or otherwise.
In no event shall our total liability arising under these terms exceed the amount paid by you to access or use our services in the past 12 months.
Indemnification
You agree to fully indemnify, defend and hold harmless Bapesta and our affiliates, directors, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses arising from:
- Your violation of these Terms;
- Your use of the Services;
- Any content or information you submit via the Services;
- Your violation of any law or third party rights.
External Sites
Our Services may contain links to third party websites and services. We are not responsible for the availability, content, or policies of such external sites. Use of such sites is at your own risk.
Termination
We may terminate your access to our Services at our discretion without notice and liability. You may discontinue use at any time.
Provisions intended to survive termination of these Terms, including indemnification, disclaimer of warranties, limitation of liability, and agreement to arbitrate, will remain in effect after termination.
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the United States and the State of California. For any disputes, you agree to first contact us and attempt to resolve the dispute with us informally.
If we cannot resolve a dispute informally, any legal action arising from or relating to use of our Services or these Terms must be arbitrated in California in accordance with the American Arbitration Association rules.
Changes to These Terms
We may revise these Terms from time to time. If we make material changes, we will notify you via our Services or by email. Updated Terms will become effective upon posting. Your continued use of our Services constitutes acceptance of the updated Terms.
Contact
Please contact us at [email protected] if you have any questions about these Terms.
Thank you for being a Bapesta customer!
