CERTAIN TERMS
“Albee” means Albee Baby.
“Website” means http://www.albeebaby.com or any successor website thereof.
“Program” means any and all promotions, discounts or rewards issued or made available by the Website.
ERRORS
While every reasonable effort will be made to maintain and accurately reflect the information on the website as well as the transactions in your account (including but not limited to your balance of rewards), Albee is not responsible for technical errors which may cause incorrect information to be reflected. Albee is also not responsible for any incorrect or inaccurate pricing information, whether caused by printing errors, tampering, or by any of the equipment or programming associated with or utilized in connection with the Website, including, without limitation, the Program. Albee will not honor orders placed at such incorrect price and will accurately reflect the price and notify the customer that such pricing error was made. You are advised to print out a copy of your account information and your order confirmation screens, for your records. In all matters relating to the interpretation and application of the terms and conditions herein, the decisions of Albee shall be final and binding in all respects.
INELIGIBILITY
The Website (including, without limitation, the Program) is only for retail customers or end users and not re-sellers of any product. Albee has the right to limit the amount of units of one particular item that one customer can order either during a specific transaction or in general, at the sole discretion of Albee. Albee reserves the right to reject any rewards redemption, which it determines in its sole discretion, violate the Terms and Conditions set forth herein, to investigate and verify the legitimacy of any use of rewards and to close customer accounts and bill alternative forms of payment if fraudulently obtained rewards are redeemed and/or used to make purchases on the Website.
DISQUALIFICATION
Albee reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Website (including, without limitation, the Program), or to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, should any participant in the Program be disqualified for any reason whatsoever, such participant's rewards will also be forfeited. Any individual who attempts to defraud Albee in any way will also be subject to prosecution to the fullest extent of the law.
TERMINATION
Albee reserves the right in its sole discretion, for any reason, to terminate all or any portion of the Program by giving notice to this effect by means of a posting on the Website or by means of sending an email and/or via another method of notice, as deemed appropriate by Albee in its sole discretion. ?
CHANGES TO TERMS
You understand that your use of the Website (including, without limitation, your participation in the Program) automatically constitutes your agreement to abide by the most current version of the terms and conditions set forth herein. We may at any time revise the terms and conditions in our sole discretion. You agree to be bound by such revisions and are deemed to have knowledge thereof.
HOW TO OBTAIN REWARDS
To participate in the Program, you must first open an account with Albee through the Website.? Persons may obtain rewards by performing various activities. Whether or not any activities result in the issuance of rewards, and the amount of rewards to be issued for an activity, will be posted on the Website and shall be determined by Albee in its sole discretion. Albee makes no warranty or representation regarding the merchandise it will offer for which rewards can be applied. Rewards shall be available for use after the shipment of your order. Any reward will expire five years from the date that such reward is first made available in your account, or such earlier date that the Program terminates. Rewards cannot be applied retroactively as they are intended for use in connection with future orders only.? Initially persons will be able to convert their rewards points into one time usage coupons of tiered amounts.? These one time usage coupons can then be applied to their order during checkout.? You must be signed in to your account in order to apply such coupons. Be sure to visit the Website periodically to review your account and check the rewards that have been issued to you. In the event rewards are non functional, your sole remedy, and our sole liability, shall be the replacement of such rewards. You will only be entitled to redeem rewards if you satisfy the conditions precedent outlined herein. Rewards can only be applied to purchases from Albee through otherwise valid and accepted orders.
TRANSFERABILITY OF REWARDS
Rewards cannot be sold, transferred for value or redeemed for cash. Rewards have no cash value, and cannot be purchased or redeemed for cash. Rewards may only be redeemed by or used for orders by the registrant for whom the account was created. Rewards cannot be transferred to another members account, based on customer demand, we may elect in our sole discretion to add this capability in the future
RETURNS AND REWARDS
Your order will be refunded based on the payment method used to make the purchase. If rewards and other payment methods were used on the same order, your other payment methods will be credited first prior to your rewards balance. If rewards were earned on an order that is returned, such rewards will be forfeited and deducted from your active balance.
E-MAIL: UNSUBSCRIBING AND MANAGING PERMISSIONS
If you wish to unsubscribe from our e-mails & promotions please click "Unsubscribe" on the bottom of your e-mail. You can manage your permissions from there as well. If you'd like us to unsubscribe you from our list please send an e-mail to info @ albeebaby.com, and our customer service team will take care of your request within 10 business days.
MOBILE TERMS & CONDITIONS
Albee Baby offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 28769. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Albee Baby reserves the right to stop offering the Service at any time with or without notice. Albee Baby also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
A. Authorize Albee Baby to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 877-692-5233. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 28769, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
A. Sale promotions
B. Event information
C. Product launch announcements
D. Cart reminders
E. Back in stock alerts
F. Price drop alerts
G. Low inventory alerts
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Albee Baby may add or remove any wireless carrier from the Service at any time without notice. Albee Baby and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Albee Baby, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 28769 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Albee Baby. You can also contact us at 877-692-5233 or info@albeebaby.com. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 28769. This will provide you with our customer service toll free number at 877-692-5233 and our email at info@albeebaby.com.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
ARBITRATION AND CLASS ACTION WAIVER
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of ALBEE BABY?s services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. ? 227 et seq., or any other statute, regulation, or legal or equitable theory. You and ALBEE BABY hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (?FAA?) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association?s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the ?AAA?s Rules?). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys? fees) authorized by law and/or the AAA?s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ALBEE BABY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ALBEE BABY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY?S CLAIMS WITH ANY OTHER PARTY?S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and ALBEE BABY are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. ALBEE BABY, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA?s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.