AGB
Overview
Welcome to Lullabud! The terms "we", "us" and "our" refer to Lullabud, a business operated by Andrew Barbero Ropero, Breitwies 15, 8532 Warth-Weiningen, Switzerland. Lullabud operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, including our Refund Policy, Shipping Policy and Privacy Policy (together, these "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms. If you do not agree, you should not use or access our Services. These Terms do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.
1. Access and account
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence. Our products are intended to be purchased by adults for use by children under adult supervision. To use the Services or purchase products, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent that all information you provide is correct, current and complete. You are responsible for maintaining the security of your account credentials and for all activity on your account.
2. Our products
We make every effort to represent our products accurately. However, colors and product appearance may differ slightly from how they appear on your screen due to your device and its settings. Product sizes, colors and details may vary slightly between production batches. All product descriptions may change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region or jurisdiction.
3. Product use and safety
Lullabud travel pillows are comfort and support accessories for sleeping during travel. They are NOT a child restraint system, car seat, booster seat, or safety device, and they do not replace one.
- Always use an approved, age-appropriate child car seat or booster seat as required by the law of your country.
- The vehicle seat belt must always be worn directly on the child's body, as instructed by the car seat and vehicle manufacturer. Never place the pillow, or any part of it, between the seat belt and the child's body.
- Use only under adult supervision. Not suitable for infants.
- Inspect the product regularly. Stop using it if it is damaged, if seams open, or if stuffing becomes accessible.
- Follow the care instructions provided with the product.
To the extent permitted by applicable law, we are not responsible for injury, damage or loss resulting from use of the product contrary to these instructions, misuse, modification, or failure to use a proper child restraint system.
4. Orders
When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order. We reserve the right to accept or decline any order for any reason, subject to applicable law. Your order is accepted only when we confirm it by email. We must receive your payment before your order is accepted. In the event that we do not accept, change, or cancel an order, we will notify you using the contact details you provided and refund any amount charged. Returns, exchanges and refunds are governed by our Refund Policy. You represent that your purchases are for personal or household use and not for commercial resale.
5. Prices and billing
Prices, discounts and promotions may change without notice. The price charged will be the price in effect at the time the order is placed, as shown in your order confirmation email. Bundle discounts apply only to the quantities and conditions displayed at the time of purchase and cannot be combined with other offers unless stated otherwise. You agree to provide current, complete and accurate payment information and confirm that you are authorized to use the payment method you provide.
6. Taxes, customs and import charges
Orders shipped outside the country of dispatch may be subject to import duties, taxes or customs fees in the destination country. Unless clearly stated otherwise at checkout, these charges are the responsibility of the customer. Refusing a delivery because of such charges does not entitle the customer to a refund of the original shipping cost, except where required by applicable law.
7. Shipping and delivery
Orders are processed within 1-3 business days. After processing, estimated delivery time is 6-9 business days depending on the destination. Business days are Monday to Friday, excluding weekends and public holidays; weekends are not counted in either the processing or the delivery time. All delivery times are estimates and are not guaranteed. Products may be shipped from our partner warehouses or suppliers in different countries, and an order with several items may arrive in separate packages. We are not responsible for delays caused by carriers, customs processing, or events outside our reasonable control, including natural disasters, severe weather, strikes, supply shortages, outages, or governmental actions. Please make sure your shipping address is correct; we are not responsible for orders delivered to an incorrect address provided by the customer. If a parcel is marked as delivered but you have not received it, please contact us within 7 days so we can open an investigation with the carrier. See our Shipping Policy for more details.
8. Intellectual property
All content on the Services, including the Lullabud name and logo, text, images, graphics, videos and designs, is owned by Lullabud or its licensors and is protected by intellectual property laws. You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, publicly display, republish or otherwise use any material from the Services without our prior written consent. Shopify's name and logo are trademarks of Shopify. All other names and logos are the trademarks of their respective owners.
9. Third-party tools and links
The Services may include tools, apps or links provided by third parties, which we do not control. Such tools are provided "as is" without any warranties. Your use of third-party tools or websites is at your own risk and subject to their own terms.
10. Relationship with Shopify
Our store is powered by Shopify. Any purchase you make in our store is made directly with Lullabud. Shopify is not responsible for any aspect of sales between you and Lullabud.
11. Privacy
Our Privacy Policy explains how we collect, use and disclose personal information. Because our store is hosted by Shopify, Shopify also processes information about your use of the Services and your transactions. Please review our Privacy Policy and Shopify's privacy policy (https://www.shopify.com/legal/privacy/app-users) for details.
12. Reviews and feedback
If you submit reviews, photos, comments or other content ("Feedback"), you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, display and publish that Feedback in connection with our store and marketing, with attribution as you provided it. You confirm that your Feedback is truthful, reflects your genuine experience, and does not infringe anyone's rights. We may remove Feedback that is unlawful, offensive, or violates these Terms, but we will not edit genuine reviews in a way that changes their meaning.
13. Errors, inaccuracies and omissions
Occasionally information on the Services may contain typographical errors or inaccuracies relating to product descriptions, pricing, promotions, shipping times or availability. We reserve the right to correct any errors and to cancel orders affected by an obvious error, including after an order has been placed. If we cancel an order after payment, we will issue a full refund.
14. Prohibited uses
You may use the Services for lawful purposes only. You may not: use the Services for any unlawful or fraudulent purpose; infringe our intellectual property or that of others; harass or abuse our staff or other people; submit false or misleading information; upload viruses or malicious code; use bots, scrapers or other automated tools to access or copy the Services; or interfere with the security of the Services. We may suspend or terminate your access if you violate these Terms.
15. Disclaimer of warranties
Except as expressly stated by Lullabud, including in our 90-Day Quality Guarantee described in our Refund Policy, and to the fullest extent permitted by applicable law, the Services and all products are provided "as is" and "as available", without any other warranties of any kind, express or implied. We do not guarantee that the Services will be uninterrupted, secure or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Nothing in these Terms affects your statutory warranty rights.
16. Limitation of liability
To the fullest extent permitted by applicable law, Lullabud and its operator, partners, suppliers and service providers shall not be liable for any indirect, incidental, special, punitive or consequential damages, including lost profits or data, arising from your use of the Services or any products. To the fullest extent permitted by law, our total liability for any claim related to a product shall not exceed the amount you paid for that product. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or any other liability that cannot be excluded or limited under applicable law, including mandatory product liability laws.
17. Indemnification
You agree to indemnify and hold harmless Lullabud and its operator from any claims, losses or damages, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or the rights of a third party.
18. Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full effect. Nothing in these Terms limits any rights you may have under consumer protection laws that cannot be waived by contract; if any part of these Terms conflicts with those rights, those rights will apply.
19. Waiver and entire agreement
Our failure to enforce any right or provision of these Terms shall not be a waiver of that right. These Terms and the policies posted on our website constitute the entire agreement between you and us regarding your use of the Services.
20. Assignment
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations under these Terms, for example in the event of a sale or reorganization of our business.
21. Governing law and disputes
These Terms are governed by the laws of Switzerland, without regard to conflict-of-law principles. The courts of the canton of Thurgau, Switzerland, shall have jurisdiction. However, if you are a consumer, you keep the protection of the mandatory laws of your country of residence and may bring claims in the courts of your place of residence where applicable law allows it. Before starting any formal proceedings, we kindly ask you to contact us by email so we can try to resolve the issue amicably.
22. Translations
If these Terms are provided in other languages and there is any conflict, the English version will prevail, unless applicable law requires otherwise.
23. Electronic communications
By using the Services or placing an order, you agree that we may send you transactional and service-related communications by email, including order confirmations, shipping updates and messages about returns.
24. Changes to these Terms
We may update these Terms at any time by posting the updated version on this page. Changes will not apply to orders placed before the update. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
25. Contact information
Lullabud is operated by:
Andrew Barbero Ropero
Breitwies 15, 8532 Warth-Weiningen, Switzerland
Email: headrest@use.startmail.com
This address is for legal and administrative correspondence only. It is not a store, warehouse or returns center. Please do not send returns or visit this address in person. All customer service requests, returns and guarantee claims are handled exclusively by email.