1. Changes to Terms. Chibiloulou reserves the right to add to, delete or modify these Terms any time and from time to time by updating or revising the Terms posted. Such changes, modifications and deletions shall become effective immediately upon the posting thereof. Continued use of Chibiloulou.com after changes become effective means that users consent to be bound by the changes. As a result, Chibiloulou encourages users to review the Terms periodically.
2. Changes to the Site. Users acknowledge and agree that Chibiloulou may stop providing the services and content of Chibiloulou.com to users individually or generally, in whole or in part, at any time without prior notice, at Chibiloulou’s sole discretion. Further, Chibiloulou may add, change, delete, discontinue, modify, remove or suspend any aspect of the Chibiloulou.com’s services or Content (as defined below), at any time, without notice and without liability. Users understand and agree that Chibiloulou is not liable to users in any manner for their inability to access or use any of the Chibiloulou.com’s services.
4. Ownership and Use of Chibiloulou Site and Content. All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and “look and feel” and arrangements of such items (collectively, the “Content”) are the property of Chibiloulou and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Chibiloulou hereby grants users a personal, non-exclusive, non-assignable and non-transferable license to access and use Chibiloulou.com, services and associated Content, for personal use only in accordance with these Terms. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for user benefit or for someone else’s. Except as specifically permitted by Chibiloulou, users shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of Chibiloulou. Users may not alter, delete or conceal copyright or other notices, even if we let users download, display, print or share the Content with others. Users further agree that they will not disassemble, decompile, reverse engineer or otherwise modify the Content. Unauthorized or prohibited use of the Content may subject users to civil liability and criminal prosecution, or both under applicable federal, state and local laws.
6. Product Display and Orders. All features, specifications, products and prices of products and services described on Chibiloulou.com are subject to change at any time without notice. From time to time there may be information on Chibiloulou.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Chibiloulou makes no representation as to the completeness, accuracy, or currency of any information on Chibiloulou.com. Chibiloulou reserves the right to make changes in information about price, description, or availability without notice. If any information on Chibiloulou.com or purchase orders is inaccurate, Chibiloulou reserves the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after purchasers have submitted orders). Chibiloulou has made every effort to display as accurately as possible the colors of our products that appear on Chibiloulou.com; however, the actual color seen will depend on the computer in use, and Chibiloulou cannot guarantee that visitors’ computers will accurately display Chibiloulou’s colors. The inclusion of any products or services on Chibiloulou.com does not imply or warrant that these products or services will be available over the internet.
7. Indemnification. Users shall defend Chibiloulou against any demands, claims or actions brought against Chibiloulou arising as a result of any breach or violation of our Terms by users (“Claim”) and users shall indemnify and hold Chibiloulou harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from any such Claim. Chibiloulou reserves the right, at Chibiloulou’s own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and users agree, upon request, to cooperate with Chibiloulou in the defense, settlement or compromise of any such Claim.
9. Return Policy. Users may return defective items, items damaged at the time of receipt, and incorrect items received without penalty. Return shipping charges will be waived. When Chibiloulou receives your return, Chibiloulou reserves the right to inspect the item and provide a replacement or issue a refund. If the product is not defective, return shipping fees will apply and/or a partial refund may be issued.
10. Order Limitations. Chibiloulou reserves the right to reject any order placed with Chibiloulou and/or or to limit quantities in any order, without giving any reason or for no reason, if Chibiloulou determines it is in Chibiloulou’s best interests to do so. If Chibiloulou rejects an order or reduces the quantity of any items in an order, Chibiloulou will attempt to notify purchasers using the e-mail and/or billing address provided with the order.
11. Shipping. All orders placed on Chibiloulou.com are subject to product availability and will be shipped according to Chibiloulou’s shipping policies. In the event an order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail. Please see Chibiloulou’s shipping policy for additional information about shipping.
12. Force Majeure. Chibiloulou shall be excused from performance under these Terms if Chibiloulou fails or is prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond Chibiloulou’s control.