Terms of Service

Overview

Welcome to Baobicute! The terms “we,” “us,” and “our” refer to Baobicute. Baobicute operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Baobicute is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd., or Shopify International Limited, depending on where Baobicute is located, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, these “Terms of Service”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, do not use or access the Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other statutory rights that cannot be waived.

1. Access and Account

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 and that you have consented to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

2. Our Products

We have made every effort to display our products and services accurately in our online store. However, please note that colors or product appearance may differ from what appears on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be exactly as depicted or presented in our online store. All product descriptions are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

3. Orders

When you place an order, you make an offer to purchase and authorize us and our payment processors to charge the total order amount to your selected payment method. Baobicute reserves the right, subject to applicable law, to accept or decline your order for any reason at its discretion. Your order is considered accepted only when Baobicute confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Baobicute may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, change, or cancel an order, we may attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed. Your purchases may be returned or exchanged only in accordance with our Return and Refund Policy. This does not limit any rights you may have under applicable law. You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when you place your order and will be listed in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs charges, or import fees. Prices posted in our online store may differ from prices offered in physical stores or online or other stores operated by third parties. We may offer promotions for the Services from time to time that affect pricing and are governed by terms and conditions separate from these Terms of Service. If the terms of a promotion conflict with these Terms of Service, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide; (2) the information you provide for that payment method is true, accurate, and complete; (3) charges you incur will be honored by your payment method provider; and (4) you will pay the charges you incur at the posted prices, including shipping and handling and all applicable taxes, if any.

5. Shipping and Delivery

Unless otherwise stated, we are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. To the fullest extent permitted by applicable law, title and risk of loss pass to you when we hand products over to the carrier, except where applicable law provides otherwise. We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather, labor disputes, supply shortages, utility or telecommunications outages, cyber incidents, government actions, or other similar events. Please refer to our Shipping Policy for further details.

6. Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio, are owned by Baobicute, its affiliates, or its licensors and are protected by trademark, copyright, and other intellectual property laws of the United States and other countries. Product pages are likewise managed and owned by Baobicute. The purchase or delivery of any product does not grant or confer any intellectual property rights in the product, its design, software, or underlying technology, including any patent, copyright, trademark, or other proprietary rights. All such rights remain exclusively with Baobicute or the original rights holder.

These Terms permit you to use the Services only for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services. Except as expressly provided herein, nothing in these Terms of Service grants or should be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of Baobicute, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by Baobicute.

The Baobicute name, logos, product and service names, designs, and slogans are trademarks of Baobicute, its affiliates, or its licensors. You may not use these trademarks without Baobicute’s prior written permission. The Shopify name, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

7. Optional Tools

As part of the Services, we may provide access to third-party customer tools that we neither monitor nor have any control over or input into. 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 accept no liability arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the relevant third-party provider supplies the tools. We may also introduce new features through the Services in the future, including new tools and resources. Such features will also be considered part of the Services and subject to these Terms of Service.

8. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk. We are not responsible for any harm or damages related to your access to any third-party website or your purchase or use of products, services, resources, or content on any third-party website. Please carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

9. Relationship with Shopify

Baobicute is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any purchases and sales in our store are made directly with Baobicute. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Baobicute, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to purchases and transactions between you and Baobicute.

10. Privacy Policy

Our Privacy Policy explains how we may collect, use, and disclose certain personal information you provide when using the Services. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including transaction information, as you browse and interact with the Services. Shopify may use this information for purposes including, but not limited to, providing, protecting, and improving the Services; processing transactions; and helping prevent fraud on this website and other Shopify-powered websites. Information collected when you access or use the Services, including automatically collected information about your browsing activity, will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you live, in order to provide the Services to you. Please review our Privacy Policy and Shopify’s Privacy Policy for further details about how we, Shopify, and its partners use your personal information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that (1) you own all Feedback or have all necessary rights to it; (2) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (3) your Feedback will comply with these Terms of Service. We are and will be under no obligation to (a) keep your Feedback confidential; (b) pay compensation for your Feedback; or (c) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service. You agree that your Feedback will not infringe any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

12. Errors, Inaccuracies, and Omissions

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. If any information is inaccurate, we reserve the right to correct errors, inaccuracies, or omissions, change or update information, and cancel orders, including after an order has been submitted. If an order is canceled after payment has been collected, we will issue all refunds required by applicable law.

13. Prohibited Uses

13.1 You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Service; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Baobicute, Shopify, or users of the Services or expose them to liability.

13.2 In addition, you agree not to: (a) upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting in relation to the Services; (e) use any robot, spider, scraping tool, data gathering or extraction tool, automated device or process, AI tool such as agentic AI, or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without further notice.

14. Agents

14.1 If you use, permit, enable, or cause an Agent to be deployed to access, use, or interact with any Services, this section (the “Agent Terms”) applies. An “Agent” is any software or service that takes autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity and that can act on behalf of any person or operate on an individual’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with Section 14.4 below. In addition, an Agent must not access, use, or interact with any Services if we have requested that it refrain from doing so.

14.3 We may, including through technical measures, restrict whether and how any Agent may access, use, and interact with the Services.

14.4 An Agent must: (a) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose its name by including “Agent/[agent name]” in the request’s User-Agent string; (b) not conceal or obscure the fact that access, use, or interaction originates from an Agent, including by (i) mimicking human behavior and interaction patterns or (ii) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (c) truthfully answer any question or prompt intended to determine whether an interaction originates from a human or a computer; and (d) not circumvent or otherwise avoid any measure designed to prevent, restrict, modify, or control whether and how an Agent may access, use, or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services, or any part of them, at any time at our sole discretion without further notice, and you will remain liable for all amounts due up to and including the termination date. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

16. Disclaimer of Warranties

Information presented on or through the Services is provided for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone informed of their contents.

Except as expressly stated by Baobicute, the Services and all products provided through the Services are supplied “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions restrict or do not allow the exclusion of implied or other warranties, so these disclaimers may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by law, in no event shall Baobicute, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates or their respective personnel, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any Services on this website or any products purchased through the Services, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort including negligence, strict liability, or otherwise. Nor shall we be liable for any claim related to your use of the Services or any product, including, without limitation, errors or omissions in any content or any loss or damage of any kind resulting from the use of the Services or any content or product posted, transmitted, or otherwise made available through the Services, even if advised of the possibility. Nothing in these Terms of Service excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnification

You agree to indemnify, defend, and hold harmless Baobicute, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims payable to any third party, including reasonable attorneys’ fees, arising from or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, and failure to provide such notice will not relieve you of your obligations except to the extent that a failure to give timely notice materially prejudices you. We may control the defense and settlement of such claims at our expense, including selecting defense counsel, but will not settle any claim requiring you to undertake non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in defending indemnified claims, including by providing relevant documents.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights shall prevail.

20. Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any earlier versions of the Terms of Service. Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

21. Assignment

You may not delegate, transfer, or assign this agreement or any rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

22. Governing Law

These Terms are governed by the laws of the jurisdiction in which Baobicute is headquartered or incorporated, without regard to conflict-of-laws principles. Unless prohibited by applicable law, you and Baobicute agree to the jurisdiction and venue of the courts located in that jurisdiction. You and Baobicute consent to venue and personal jurisdiction in those courts. Nothing in this section limits any right you may have to bring a claim in your local courts or to rely on mandatory laws applicable where you reside.

23. Translations

These Terms of Service may be available in languages other than English. If there is any inconsistency or conflict between the English version and another language version, the most recent English version shall prevail. Unless Baobicute determines otherwise at its sole discretion or applicable law requires otherwise, any dispute arising from these Terms of Service shall be resolved in English.

24. Headings

The headings included in this agreement are for convenience only and will not limit or otherwise affect these Terms.

25. Electronic Communications

By using the Services or placing an order, you agree that we may send transactional and service-related communications electronically, including by email, account notifications, or postings on the Services. These communications may concern your orders, account, purchases, returns, these Terms of Service, or other service-related matters. You are responsible for keeping your contact information up to date.

26. Changes to the Terms of Service

You may review the most current version of the Terms of Service at any time on 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 on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms of Service as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms of Service have been posted constitutes acceptance of those changes.

27. Contact Information

Questions about these Terms of Service should be sent to official@baobicute.com.

Our contact information is published in our Contact Information Policy.