Terms and Conditions
Prior authorization required on returns. There is a 30% restocking fee for all non-defective returned merchandise. Any returns must be unworn, unwashed, undecorated, unaltered, free of stains, makeup, deodorant, or visible wear and tear. Any claims regarding merchandise must be made within 7 days of receipt. It is understood that when payment is not met according to the agreed terms, all orders will be held from manufacturing and shipping. If legal action including attorneys are required for collection of invoices, the customer will be responsible for costs of collection thereof, including fees on all delinquent amounts. I, the undersigned, acknowledge the terms of sale and I hereby authorize my creditors and my bank of record to release information regarding my account(s) to Balboa.
Balboa welcomes you! Balboa and its parents, subsidiaries, and affiliates (hereinafter collectively, "Company") provides the Company website, www.balboafashion.com (the “Site”) to its customers as a service subject to the following terms. By using the Site, you are agreeing to be legally bound by the following basic rules, terms, and conditions (the “Agreement”) that govern your use of the Site and purchase of Company products from the Site. Please read this Agreement carefully.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Company’s products and services available in the United States. We may, from time to time, change, move or delete portions of, or may add to, the Site and the terms of this Agreement without notice to you. All such modifications or amendments will be posted to the Site. Your use of the Site following any such modification or amendment constitutes your agreement to the modified terms of the Agreement. If you do not agree to these terms, please do not use this Site.
Unless otherwise specified, the design of this Site and all materials, including designs, images, illustrations, photographs, video clips, and written and other materials that are displayed on or that can be downloaded from this Site (collectively, the "Content") are owned, controlled or licensed by Company or other third parties and are protected by copyright, trademark and other intellectual property laws and may not be used except as permitted in this Agreement or with prior written permission of the owner of such material. You may not, without Company's express written permission, ‘frame’ or 'mirror' any material contained on this Site or any other server. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Company. All rights reserved.
You may not reproduce, publish, edit, transmit, distribute, modify, rent, lease, loan, sell, or create derivative works based on, or exploit in any way, in whole or in part, any of the Content or the Site unless you have been specifically told that you may do so in writing by Company or by the owners of that Content, in a separate agreement. You may download or copy the Contents and other downloadable materials displayed on the Site solely for your personal, non-commercial purposes related to placing an order or shopping with Company, provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
All rights in the product names, company names, trade names, graphics, logos, icons, product packaging, trade dress and designs of all Company products or services displayed on this Site, belong exclusively to Company or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Unless you have been expressly authorized to do so in writing by Company, you agree that in your use of the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site.
Notice of Copyright Infringement
Company respects the intellectual property of others. In accordance with the Digital Millennium Copyright Act, if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may contact Company with the following information: (i) the copyrighted work that you are claiming has been infringed, (ii) the alleged infringing product, (iii) your contact information, including name, address, email, and phone number.
You agree that Company may use and/or disclose information about your use of the Site and your demographic information in any manner that does not reveal your identity. You agree that Company may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Company's products or services, or for such other purpose(s) as Company deems appropriate.
In describing our products on this Site, we attempt to be as accurate as possible. However, from time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We do not warrant that product descriptions or other content of this Site are error-free, complete, reliable, or current. Company reserves the right to correct any errors, inaccuracies, or omissions from the Site and to update or change information at any time without notice (even after an order has been placed). If you are not satisfied with your order, you may return it in accordance with our Return Policy.
The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. All information that you provide in connection with a purchase transaction or other monetary transaction with this Site must be accurate, complete, and current. You will pay all charges incurred on your credit card, debit card, or other payment method used in connection with a purchase or other monetary transaction with Company at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchase or transactions.
When you place an order, we will ship it to the address designated by you as long as the shipping address is compliant with the shipping restrictions set out on this Site. Company may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order placed for any or no reason. Company further reserves the right not to sell to distributors, resellers, or dealers through the Site. In the event we make a change to an order, we will attempt to notify you by using the contact information provided by you at the time of the order.
Company takes care to display as accurately as possible the colors of Company products that appear on the Site. However, because the actual colors you see depends on your monitor display settings, we cannot guarantee that your monitor's display of any color will be accurate.
User Comments, Feedback, and Other Submissions
Other than personally identifiable information necessary to place an order, any material, information, feedback, comments, ideas, and other suggestions offered or transmitted to Company on or by this Site (collectively, "User Comments") is and will be considered non-confidential and non-proprietary. Such disclosure, submission or offer of any User Comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and any other intellectual property in the User Comments. Thus, Company shall be free to use any ideas, concepts, know-how or techniques contained in any such User Comments for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith. We may, but are not obligated to, monitor or review any User Comments. Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to use, review, or respond to any user Comments. We will have no liability related to the content of any such User Comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material. We retain the right to remove any or all User Comments that includes any material we deem inappropriate or unacceptable. You are and shall remain solely responsible for the content of any User Comments you make.
Company controls and operates this Site from its headquarters in the U.S. and makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the U.S., you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to Company products.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the U.S.
Contents and Promotions
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
The Site may provide, from time to time, links to or accept links from websites of third parties solely for the convenience of Site users. We do not control the materials presented by other persons on their websites, and Company does not assume any responsibility for the accuracy, completeness, or content of any material presented directly or indirectly in linked sites. You are solely responsible for determining the extent to which you use any third party website. The inclusion of any link on this website does not indicate or imply any association between Company and the entity providing the linked site and does not constitute or imply any approval of the linked site. To the extent that this Site contains links to outside services and resources, the availability and content of which Company does not control, any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource.
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without Company’s prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE AND ALL SITE CONTENTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE COMPANY MAY MODIFY THE SITE AND ITS CONTENT AT ANY TIME WITHOUT NOTICE, COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
WHILE COMPANY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF ANY KIND, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKS PROVIDED ON OR THROUGH THIS SITE, OR REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. Accordingly, you agree that you will be solely responsible to Company for all activities that occur under your account.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," or "spamming," the Site; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) using any data mining, robots, spiders or similar data gathering and extraction tools.
You agree to defend, indemnify and hold harmless Company, its parents, subsidiaries, affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
These terms are effective unless and until terminated by either you or Company at any time. If you want to terminate your legal agreement with Company, you may do so by: (a) notifying Company at any time and (b) closing all accounts you have with the Company, if Company has made this option available. Your notice should be sent, in writing, to Company’s address set forth in this Agreement. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Company’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise, and immediately cease all use of the Site.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. You agree to hereby submit to the exclusive jurisdiction of any state or federal court sitting in Los Angeles County, California, in any action or proceeding arising out of or relating to this Agreement and waive, to the fullest extent you may do so, the defense of inconvenient forum to the maintenance of any such action or proceeding.