Terms & Conditions

Last Modified 14/3/2023

 

Welcome to Baia + Bo and its subsidiaries, and Advanced Horizon LLC, operating as Baia + Bo. (referred to as “Company”, “we”, or “us”), and our websites, networks, applications, mobile applications, and other services we provide (collectively, the “Service”). We appreciate your interest in our company. Please review our Privacy Policy for details on how we collect, use, and disclose your personal information. The Terms of Service (“Terms”) outlined below constitute a legally binding agreement between you and the Company regarding your use of the Service.

 

PLEASE READ THESE TERMS CAREFULLY. 

1. Description of the Service: We are a collective of fashion e-commerce companies that present a curated selection of esteemed brands and the latest trends in fashion.

2. Eligibility. To use the Service, you must be at least 18 years old. By accepting these Terms, you affirm and guarantee to us that: (a) you are at least 18 years old; (b) you have not been previously suspended or banned from using the Service; and (c) your registration and use of the Service complies with all applicable laws and regulations. If you are a corporation, organization, or company, the individual accepting these Terms on your behalf certifies and warrants that they have the power to bind you to these Terms, and you agree to be bound by these Terms.

3. Accounts and Registration In order to utilize certain features of the Service, it is necessary to create an account (“Account”) by registering with us. During the registration process, you may be asked to provide us with personal information such as your name, address, email address, billing information, or other contact details. It is imperative that you ensure the accuracy of the information provided and make sure that it remains current. You will be prompted to create a password upon registration. Please be advised that you are solely responsible for safeguarding the confidentiality of your account and password, and are accountable for any and all activities that take place under your Account. If you suspect that the security of your Account has been compromised, please contact customer service immediately.

4. General Payment Terms: Before you pay your fees, you will have the chance to review and agree to any fees associated with the items you wish to purchase ("Products") before making a payment. This ensures that you understand the costs you will be charged. 

 

4.1 Price 

Pricing. The Company reserves the right to determine pricing for all Products at its sole discretion. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. The Company may change the fees for any Product at any time at its sole discretion. Additionally, the Company may make promotional offers with different features and different pricing to any of Company's customers at its sole discretion. However, these promotional offers, unless made to you, will not apply to your offer or these Terms.

 

4.2 Shipping Fees; Shipping Restrictions 

Shipping Fees and Restrictions: During checkout, we will display the shipping fees for your order, and you are responsible for paying all shipping fees associated with the address you provide. Please note that international packages may be subject to duties and taxes, as well as any applicable tariff, import, customs, tax, or other charges in your jurisdiction. Also, please note that for domestic orders, the sales tax required by law will be included in the checkout and product pricing.

The duty-free limits are determined by your local customs authorities, so please visit their website for more information. Please be aware that due to restrictions from our financial or shipping partners, as well as legal requirements, we may not be able to ship to certain locations. If your location is affected by these restrictions, we apologize for any inconvenience this may cause.

 

4.3 Delivery 

Delivery: We will make every effort to deliver your items in accordance with your order, but we cannot be held responsible or liable for any delays or failures in delivery. We reserve the right to deliver any order in multiple shipments, using the modes of transport and carriers of our choice. Your order will be delivered to the delivery address you provide during checkout. If your delivery address is in a remote or difficult-to-deliver-to location, we may not be able to deliver your order. We will not be responsible or liable for any delays or failures to deliver due to circumstances that are unavoidable or beyond our reasonable control. In such cases, we reserve the right to either terminate all or part of the order without penalty, or to reschedule delivery within a reasonable time frame.

 

4.4 Authorization: 

By making an order, you give Company permission to charge the full amount, including any relevant taxes, to the payment method you have specified in your account. If you choose to pay with a credit card, Company may seek pre-authorization of your credit card account before your purchase to ensure that the card is valid and has sufficient funds or credit available to cover your order. In the event that your order is placed on hold, we will contact you to minimize any delays.

 

4.5 Payment Processing

Company has partnered with certain third party payment processors to process payments you make via the Service. Third-party payment processor MEPS (“MEPS ECOM SERVICE”) facilitates and processes some of the Company's domestic and international orders. By choosing to place your order to be shipped domestically or outside Jordan you agree to MEPS (“MEPS ECOM SERVICE”) terms and conditions which may be found at mepspay.com

 

4.6 Delinquent Accounts 

If an account has an outstanding balance, the Company reserves the right to suspend or terminate access to the Service associated with that account. The delinquent account may also be charged with additional fees or charges, such as collection fees, related to any chargeback or effort to collect the unpaid amount, in addition to the amount owed for the Products.

 

5. Refunds and Exchanges

5.1 Refunds and Exchanges. Products purchased from Company are subject to the following: 

 

For customers outside of Jordan, the cost of shipping for returns and exchanges is their responsibility. To return an item to Baia + Bo, please follow these steps:

• Indicate on your invoice whether you are exchanging or returning the item(s).

• If you are exchanging the item, please indicate the desired model/size. We recommend that you contact customer service to place your exchange on hold so that it does not sell out while we wait for your package. Please call or send an e-mail with the order number, item, and size you would like to hold.

• Pack the item(s) and invoice into a bag or box.

• On the airway bill, please include your invoice number and note "Return shipment to Jordan".

• Use your preferred carrier to mail your return or exchange to the address we provide.

 

5.2 Returns and Exchange Policy 

We will accept returns requests within 5 days upon delivery for a full refund and within 14 days for an exchange. Please feel free to reach out to our customer service team should you have any concerns around getting your return product back to us, we will be happy to help. 

A small number of heavily discounted items may be marked FINAL SALE, in which case they are not eligible for refund, exchange, or store credit. 

The Company does not cover the cost of international returns. We recommend sending the merchandise back using the most cost effective shipping that is available to you that includes tracking.

 

5.3 Returns and Exchange Conditions:

 

In order to receive a refund or exchange, items must be returned in their original condition with all tags attached, unworn, unwashed, undamaged, and unused. Here are some tips to help you keep your items in returnable condition:

SHOES

Shoes can easily scuff on hard surfaces, so we recommend trying them on only on carpeted areas. Please make sure to return both the shoes and their original box undamaged.

SWIMWEAR AND LINGERIE

For hygiene reasons, please try on swimwear and lingerie over your underwear. Do not remove the protective slip.

TOPS AND DRESSES

Please be careful of makeup or deodorant transferring onto the garment, as this may make it non-returnable.

Please note that The Company retains the right to reject any refund or exchange of a product if there is any reasonable doubt that the items have been used, worn, tampered with or damaged, in order to protect the product and our customers.

 

5.4 Tacking Returns 

For International Returns:

We suggest using a shipping method that can be tracked to return any merchandise. Please keep a record of the tracking number so that you can follow the return's progress on its way back to us.

For Domestic Returns:

After we receive your return, please allow up to three to ten business days for processing. Please keep in mind that the time frame for the return's completion and processing also depends on the shipping carrier you choose. Be sure to check with your carrier for their specific return time frame.

 

5.5 Refund 

Refunds for International and Domestic Returns:

Upon receipt of your return at our facility, please allow 3-10 business days for us to process your return. Once your return has been processed and your refund has been issued, you will receive a confirmation email. Please note that the timing of the refund being reflected in your credit card account may vary based on your financial institution.

 

5.6 Exceptions on Refunds and Returns:

 

BEAUTY PRODUCTS

Beauty products can be returned within 30 days provided they are unused and unopened.

SHIPPING CHARGES

Shipping charges on orders are non-refundable.

MODIFIED POLICY

If you return more than 1000 Jordanian Dinar (or its equivalent) worth of products within 12 months, you may be subject to a modified return policy. We will notify you if this policy applies to you.

BRIDAL GOWNS/FORMAL GOWNS

Bridal/formal gowns can be returned within 14 days for a full refund or store credit. We cannot accept returns on bridal gowns after 14 days. The gown must be unworn and unaltered, with all original tags attached.

BRIDESMAID DRESSES/OCCASIONAL DRESSES

Special orders of 3 or more dresses in one style will be final sale. If you are interested in a particular style, we recommend ordering an in-stock size in the style, if available, before placing a special order.

HOLIDAY RETURNS

During the holiday season (December 1st - December 25th), we will accept returns as long as they are received by January 10th.

 

5.7 Damaged Items:

If you receive a damaged item, please contact our customer service team immediately.

 

5.8 Authenticity/Warranty

The Company only carries and sells merchandise that’s authentic and first-run merchandise that is directly purchased from the designer. However, please be aware that even authentic products may contain workmanship errors such as occasional missing threads or similar defects. Products that are styled to look distressed are also more likely to have defects and may wear out faster than usual.

 

For international customers, we will reimburse return shipping costs for items with major defects. However, we will only handle shipping reimbursement on a case-by-case basis for minor defects such as missing threads. In general, we will reimburse return shipping charges for minor defects up to five times per year, per customer.

Many of our products, particularly those with distressed styling, may develop holes or wear out with regular use over time. We offer a 14-day warranty for all products to be free of such issues from the time of purchase. If a problem arises within the 14-day period, we will replace or refund your purchase. After 14 days, we will attempt to assist with repairs and provide replacement hardware such as lost buttons or broken snaps, as long as these items or repair services are available from the designer. However, we will not provide a complete replacement or refund for a product that is unrepairable after 14 days unless the designer is willing to replace or reimburse the product at that time.

 

6 Limited Warranty 

The Company offers a limited warranty and only sells merchandise that is purchased directly from the brands themselves. However, please note that even these products may contain workmanship errors, including occasional missing threads and similar defects. Products that have been subject to distressing as part of the styling are also more likely to have defects and may wear out faster than usual.

Many products, particularly those with distressed styling, may develop holes or wear out with regular use over time. The Company provides a 14-day warranty for all products to be free of such issues from the date of purchase and delivery. If a problem occurs within the 14-day period, we will replace or refund your purchase.

After 14 days, we may, at our discretion, attempt to assist with repairs and provide replacement hardware such as lost buttons or broken snaps, as long as these items or repair services are available from the designer. However, we will not provide a complete replacement or refund after 14 days unless the brand is willing to replace or reimburse the product at that time.

 

7 Feedback

If you opt to share your thoughts and recommendations on issues with or proposed alterations or enhancements to the Service (collectively referred to as "Feedback"), you are granting the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to utilize the Feedback in any way and for any purpose, including but not limited to enhancing the Service and developing other products and services.

 

8 Propriety Rights and Ownership

The Company owns and manages the Service, which comprises visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other components ("Materials") that are safeguarded by intellectual property and other applicable laws. All the Materials contained within the Service belong to the Company or its third-party licensors. Unless authorized explicitly by the Company, you are prohibited from utilizing any of the Materials. The Company retains all rights to the Materials that are not expressly granted in these Terms.

 

9 Third Party Terms 

9.1 Third Party Services and Linked Websites

The Company offers tools within the Service, allowing you to export User Content and other information to third-party services by linking your Company account with a third-party account, such as Facebook, Twitter, or Pinterest. The Service may also feature third-party buttons like "like" or "share" buttons. By using these tools, you consent to the transfer of your information to the relevant third-party service. Please note that the Company is not responsible for the use of your exported information by third-party services, and the Company has no control over such services, to the maximum extent allowed by law. Additionally, the Service may contain links to external websites. The Company is not responsible for the content of such linked websites. Linked websites are beyond the Company's control, and the Company cannot be held accountable for their content.

 

9.2 Third-Party Software. 

The Service may contain or include components of third-party software that are widely available for free under licenses that grant recipients extensive rights to copy, modify, and distribute such components ("Third-Party Components"). While the Service is provided to you subject to these Terms, these Terms do not prohibit, limit, or intend to prevent or limit your ability to obtain Third-Party Components under the relevant third-party licenses or to use Third-Party Components under those third-party licenses.

 

10. User Content 

10.1 Generally, the Service may have certain features that enable users to upload and publish content, including text, messages, reviews, images, photos, videos, data, and other works of authorship ("User Content"). You may retain any proprietary rights, including copyright, that you have in the User Content that you post on the Service

 

10.2 Limited License Grant to Company 

When you provide User Content to or through the Service, or submit any User Content to a social media platform using a Company-branded hashtag, you give Company a global, non-exclusive, perpetual, transferable, royalty-free, fully paid right and license (with the right to sub-license) to store, host, transfer, display, perform, reproduce, adapt for formatting purposes, and distribute your User Content, whether in whole or in part, through any media formats and channels that are currently known or that may be developed in the future.

 

10.3 Limited License Grant to other users:

By providing User Content through the Service to other users, you grant those users a non-exclusive license to access and use your User Content in accordance with these Terms and the Service's functionalities.

 

10.4 User content representation and other warranties 

 

Representations and Warranties for User Content. The Company disclaims any and all liability in connection to User Content. You are solely responsible for your User Content and the consequences of providing it via the Service. By providing User Content via the Service, you represent and warrant that:

1. You are either the creator and owner of the User Content or have obtained all necessary licenses, rights, consents, and permissions to authorize Company and other users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, and in accordance with these Terms and the Service's functionalities.

2. Your User Content, and its use as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) violate any law or regulation or otherwise cause liability for Company.

3. Your User Content could not reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

 

10.5 User Content Disclaimer

We have no obligation to monitor or control the User Content posted or published by you or other users, and we will not be responsible or liable for any User Content. However, we reserve the right, at any time and without prior notice, to screen, remove, edit, or block any User Content that we, in our sole discretion, deem to be in violation of these Terms or objectionable in any way. You acknowledge that while using the Service, you may come across User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable right or remedy you may have against the Company regarding User Content. If a user or content owner notifies us that User Content allegedly violates these Terms, we may investigate and determine in our sole discretion whether to remove the User Content, which we may do at any time and without notice. It is important to note that the Company strictly prohibits copyright infringement on the Service.

 

10.6 Content Monitoring:

The Company has no obligation to monitor, and does not control, the following: (a) User Content; (b) any content provided by third parties; or (c) the usage of the Service by its users. However, you acknowledge and agree that the Company may, at its sole discretion and from time to time, monitor any and all information transmitted or received through the Service for operational and other legitimate purposes. Even if the Company decides to monitor the content, it is not responsible or liable for any content or any loss or damage resulting from the use of content. During monitoring, information may be inspected, recorded, copied, and used in accordance with our privacy policy.

 

11. Prohibited Conduct 

 

Prohibited Actions and Conduct: By utilizing the Service, you hereby acknowledge and agree to abstain from:

1. Engaging in any unlawful activities or activities that breach any local, state, national, or international laws, rules or regulations.

2. Harassing, threatening, demeaning, embarrassing, or causing harm to any other users of the Service.

3. Violating, or instigating others to violate, the rights of any third party, including the infringement or misappropriation of any intellectual property rights of third parties.

4. Interfering with any security-related features of the Service, including but not limited to: (i) disabling or circumventing features that prevent or limit the use or copying of any content; or (ii) reverse engineering or attempting to discover the source code of any portion of the Service, unless the activity is explicitly permitted by applicable law.

5. Disrupting the operation of the Service or interfering with any user's enjoyment of the Service, including but not limited to: (i) uploading or disseminating any virus, adware, spyware, worm, or any other malicious code; (ii) making unsolicited offers or advertisements to any other users of the Service; (iii) collecting personal information about any other users or third parties without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.

6. Engaging in any fraudulent activity, including but not limited to: impersonating any person or entity, falsely claiming an affiliation, accessing any other Service account without permission, or falsifying your age or date of birth.

7. Selling or otherwise transferring the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials.

8. Attempting to perform any of the acts described in this Section 11 or assisting or permitting any person to engage in any of the acts described in this Section 11. This includes acts listed above and any actions of equivalence. 

 

12. Copyright Act

12.1 Copyright Notification

We adhere to the requirements of the copyright acts that apply to Internet service providers (as amended). If you have a complaint related to intellectual property rights and material that has been posted on our Service, please get in touch with our email. You can contact us using the following details:

Baia + Bo

ATTN: Legal Department (Copyright Notification)

Email: info@baiaandbo.com

If you believe that any materials being hosted or distributed through the Service infringe on intellectual property rights, you must submit a notice that includes the following information:

• A physical or electronic signature from the authorized person acting on behalf of the copyright or intellectual property owner.

• A detailed description of the copyrighted work or other intellectual property that you believe has been infringed.

• A description of the material that you claim is infringing, and where it can be found on the Service.

• Your contact information, including your address, telephone number, and email address.

• A statement indicating that you believe in good faith that the use of the material on the Service, which you are complaining about, is not authorized by the copyright owner, its agent, or the law.

• A statement confirming that the information provided in your notice is accurate, and under penalty of perjury, you are either the owner of the copyright or intellectual property, or authorized to act on behalf of the owner.

 

12.2 Repeated Infringers 

In accordance with our policy regarding copyright infringement, we will take swift action to terminate the accounts of users who are deemed to be repeat infringers.

 

13 Modification to Terms 

We reserve the right to modify these Terms at any time with 7 days' notice. Please review these Terms regularly for any changes. If the changes to these Terms substantially alter your rights or obligations, you may be required to accept the modified Terms to continue using the Service. Acceptance of modified Terms is effective immediately for material changes and upon publication for immaterial changes. These Terms may only be amended by written agreement signed by authorized representatives of both parties, except as permitted in Section 13. Any disputes arising under these Terms will be resolved according to the version of these Terms that was in effect when the dispute arose. Unless significant changes are made to the arbitration provision in Section 19, you acknowledge that changes to these Terms do not grant a new right to opt out of arbitration.

 

14. Term, Termination and Modification of the Service

 

14.1 Term. These Terms become effective when you accept them, or when you first download, install, access, or use the Service. They will end when terminated as described in Section 14.2.

 

14.2 Termination. If you breach any provision of these Terms, your authorization to access the Service and these Terms will terminate automatically. Furthermore, the Company, at its sole discretion, may terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time, for any reason or no reason, with or without notice. You can terminate your account and these Terms at any time by sending an email to info@baiaandbo.com

 

14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Company any unpaid amount that was due before termination; and (d) all payment obligations accrued before termination and Sections 8, 10, 14.3, 15, 16, 17, 18, 19 and 20 will survive. 

 

14.4 Modification of the Service. The Company reserves the right to modify or discontinue the Service at any time, temporarily or permanently, including limiting or discontinuing specific Products or features of the Service, without notice to you. The Company will not be liable for any changes to Product offerings or the Service, or any suspension or termination of your access to or use of the Service.

 

15. Indemnity 

To the full extent of the law, you are responsible for your use of the Service and Products and shall indemnify and defend Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "Company Entities") from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) your unauthorized use of the Service; (b) your breach of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including but not limited to any intellectual property right, privacy right, or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. Your obligations under this Section shall survive the termination of these Terms.

 

16. Disclaimers and Warranties 

DISCLAIMERS; NO WARRANTIES

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE, PRODUCTS, OR ANY PORTION OF THE SERVICE OR PRODUCTS, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES, PRODUCTS, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PRODUCTS, AND YOUR DEALINGS WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Company does not disclaim any warranty or other right that Company is prohibited from disclaiming under applicable law.

 

17. Limitation of Liability 

Limitation of Liability:

The company entities will not be held liable for any indirect, incidental, special, consequential or punitive damages arising from or relating to your access to or use of the service or any materials or content on the service. This includes claims related to our privacy policy or other privacy or data security claims. This liability limitation applies whether the claims are based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the company entity has been informed of the possibility of damage.

The aggregate liability of the company entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service, products, or otherwise under these terms or your use of the service is limited to the greater of the amount you have paid to the company for products or access to and use of the service in the 1 month prior to the event or circumstance giving rise to the claim or one hindered US dollars, except as provided in section 19.4 and to the fullest extent permitted by law.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages allocates the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 17 will apply even if any limited remedy fails of its essential purpose.

 

Notice to Residents of Jordan

This notice serves to clarify that none of the provisions in these Terms should be interpreted as a waiver of any legal rights that consumers are entitled to or to disclaim any legal responsibilities that the Company owes to consumers. All provisions of these Terms, including any exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special, or consequential damages, apply to Jordanian consumers only to the fullest extent permitted by Jordanian law. Moreover, in no event shall the waivers, disclaimers, or limitations on Company's liability exceed the limits allowable under the laws of Jordan.

Please note that the risk of loss and title for items purchased by you will pass to you upon our delivery of the items to the carrier.

 

18. Dispute Resolution and Arbitration

 

To facilitate the expeditious and cost-effective resolution of any disputes between you and Company, except as described in Section 18.2 or where prohibited by applicable law, you and Company agree that all disputes arising from your use of the Service or these Terms, including claims related to our Privacy Policy or other privacy and data security claims ("Disputes"), shall be settled through binding arbitration. Arbitration, which is less formal than a court lawsuit, employs a neutral arbitrator instead of a judge or jury, may have narrower discovery rules than those in court, and may be subject to limited review by courts. Arbitrators have the authority to award the same damages and relief as a court can. This agreement to arbitrate Disputes encompasses all claims, regardless of whether they arise during or after the termination of these Terms, and whether they are based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. BY ENTERING INTO THESE TERMS, YOU AND COMPANY EACH AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY/COURT OF LAW OR TO PARTICIPATE IN A CLASS ACTION.

 

18.2 Exceptions;Opt-Out. 

Notwithstanding the provisions of Section 18.1, the Terms shall not be construed as a waiver, preclusion, or limitation of the right of either party to: (a) pursue an individual action in a small claims court; (b) pursue an enforcement action through the relevant federal, state, or local agency where such action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file a lawsuit in a court of law to address a claim of intellectual property infringement. Moreover, you have the option to opt-out of the terms of Section 18 by submitting a written opt-out notice to the Company within thirty (30) days after accepting the Terms, containing your full legal name, email address linked to your Service account, postal mailing address, date of acceptance of the Terms, and a statement expressing your desire to opt-out of the arbitration provision of the Terms ("Opt-out Notice"). Opt-out Notices must be sent via email to Baia + Bo, Attention: Legal Department – Arbitration Opt-Out email: info@baiaandbo.com, and must be postmarked within thirty (30) days of the date you accepted the Terms, as confirmed by the Company's records, to be considered valid.

 

18.3. Arbitrator 

In the event of any arbitration between you and the Company, it shall be resolved in accordance with the Jordanian Arbitration Association ("JAA") Consumer Arbitration Rules, collectively referred to as the "JAA Rules," as modified by these Terms, and shall be administered by the JAA. The arbitrator shall have exclusive jurisdiction to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

18.4 Notice of Arbitration 

Arbitration Notice and Process. A party who wishes to initiate arbitration must first send a written notice of the dispute to the other party by certified mail or express mail (signature required), or, if the other party has not provided a current physical address, by electronic mail (“Arbitration Notice”). The address for Arbitration Notice to the Company is: Baia + Bo, Attn: Legal Department email: info@baiaandbo.com. The Arbitration Notice must: (a) describe the nature and basis of the dispute; and (b) state the specific relief sought (“Demand”). The parties will attempt to resolve the claim directly in good faith, but if they do not reach an agreement within 30 days after the Arbitration Notice is received, either you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties shall be kept confidential unless the parties agree otherwise in writing. During the arbitration, no settlement offers made by you or the Company shall be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount greater than the last written settlement amount offered by the Company in settlement of the dispute prior to the award, the Company will pay you the greater of: (i) the amount awarded by the arbitrator; or (ii) $500.

 

18.5 Fees

If you decide to initiate an arbitration in accordance with these Terms, if your claim exceeds $1000, the payment of any fees will be determined by the JAA Rules. The arbitration hearing will be held at a location agreed upon in Amman, Jordan. However, if your claim is $1000 or less, you may choose to have the arbitration conducted in one of the following ways:

(a) solely based on the documents submitted to the arbitrator;

(b) through a non-appearance-based telephone hearing; or

(c) by an in-person hearing as established by the JAA Rules in the country (or parish) of your billing address.

If the arbitrator determines that your claim's substance or relief sought in the Demand is frivolous or brought for an improper purpose, as measured by the standards set forth in Jordan, then the payment of all fees will be governed by the JAA Rules. In this case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the JAA Rules.

Regardless of how the arbitration is conducted, the arbitrator must issue a written decision that is reasoned and sufficient to explain the essential findings and conclusions upon which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceedings and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

 

18.6 Prohibition on Class Actions: 

You and the Company agree that any claims brought against one another shall only be done in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Additionally, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, nor preside over any form of a representative or class proceeding.

 

18.7 Changes to this Arbitration Provision: 

If the Company makes any future changes to this arbitration provision, other than a change to the Company's address for Notice of Arbitration, you may reject such changes by sending written notice within 30 days of the change to the Company's address for Notice of Arbitration. If you reject the changes, your access to the Services will be immediately terminated, and this arbitration provision as it existed immediately prior to the changes you rejected will survive

 

18.9 Enforceability of Section 18. If, for any reason, Section 18.6 is deemed unenforceable, or if the entirety of Section 18 is deemed unenforceable, then the entire Section 18 shall be rendered null and void. In such an event, the parties hereby agree that any action arising out of or relating to these Terms shall be governed by the exclusive jurisdiction and venue described in Section 19.2.

 

19 Miscellaneous 

19.1 General Terms: These Terms, together with any other agreements that are expressly incorporated by reference, represent the complete and exclusive agreement between you and Company with respect to your use of the Service and purchase of Products. You may not assign or transfer these Terms or any of your rights under these Terms, whether in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

If we fail to require performance of any provision, it will not affect our right to require performance at any other time thereafter. Any waiver by us of any breach or default of these Terms or any provision of these Terms will not be deemed a waiver of any subsequent breach or default or a waiver of the provision itself.

The use of section headers in these Terms is for convenience only and will not affect the interpretation of any provision. Throughout these Terms, the use of the word "including" means "including, but not limited to." If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

19.2 Governing Law: These Terms are governed by the laws of the Hashemite Kingdom of Jordan, without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of Amman, Jordan, for the resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Amman, and we make no representation that the Materials included in the Service are appropriate or available for use in other locations.

 

19.3 Additional Terms: By accessing and using the Service and Products, you acknowledge and agree to comply with all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). These Additional Terms are incorporated into, and made a part of, these Terms by reference.

 

19.4 Electronic Communications: You agree that any and all communications and transactions between us may be conducted electronically, in compliance with applicable laws and regulations.

 

19.5 Contact Information: The Service is offered by Baia + Bo, Advanced Horizon, located in Amman, The Hashemite Kingdom of Jordan, with ATTN. to the Legal Department. Should you wish to contact us, you may do so by sending correspondence to the aforementioned address or by emailing us at info@baiaandbo.com.

 

19.6 No Support: We are not obliged to provide any support for the Service. In case we do provide support, such support shall be subject to our published policies.

 

19.7 International Use: The Company is based in The Hashemite Kingdom of Jordan. We do not make any representation that the Service is suitable or available for use in all jurisdictions. Access to the Service from countries or territories where such access is illegal is strictly prohibited. Occasionally, certain vendors may request that Company restrict the sale of their brand or products to certain countries. Although Company prefers not to impose any limitations on the brands and products that we sell, we must comply with our vendor's requests. However, Company regularly reviews such restrictions with its vendors to explore the possibility of making any changes. If an item in your cart is restricted from shipping to your country, you will be notified at checkout. You will not be able to proceed with the checkout process if you have a restricted item in your cart unless you remove that item or change your shipping address.