INTRODUCTION
 

Welcome to Balardi. By accessing or using the website located at balardi.com (the “Site”) and/or the Balardi mobile application (the “App”), including all related services, tools, and information, you agree to comply with and be bound by the following Terms of Service (“Terms”). The terms "we," "us," and "our" refer to Balardi. These Terms apply to all users, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before using our Site or App. If you do not agree to these Terms, you may not access or use any part of the Site or App. Acceptance of these Terms is expressly limited to these conditions.

Any new features, tools, or services added to the current Site or App will also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting changes on this page. It is your responsibility to check this page periodically for updates. Continued use of or access to the Site or App following any changes constitutes acceptance of those changes.

Our Site and App are hosted by Shopify Inc., which provides an online e-commerce platform for us to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By accessing or using the Balardi Site or App, you confirm that you are at least 18 years old. If you are under 18, you may use the Site or App only with the consent and supervision of your parent or legal guardian. Balardi is not intended for children under the age of 13. If you permit a minor to use the Site or App, you agree to these Terms on their behalf and take full responsibility for their use of the services. 

You agree to use our Site, App, and services only for lawful purposes. You are prohibited from using our products or services for any illegal or unauthorized purpose, including but not limited to violating any local, state, national, or international laws, including intellectual property laws.

You must not transmit any worms, viruses, or any code of a destructive nature that could affect the functionality or operation of the Site, App, or any related services. Any such activities will lead to immediate termination of your access to the services and may lead to legal action.

A breach or violation of any of these Terms will result in an immediate termination of your access to our services. We reserve the right to take any additional actions as necessary to prevent or remedy any violations of these Terms.

We reserve the right to refuse service to anyone for any reason at any time. We may also update or modify these Terms at our discretion, and it is your responsibility to review them periodically. Continued use of the Site or App following the posting of changes constitutes acceptance of those changes.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. This includes the right to restrict or limit access to our Site or App based on our sole discretion.

You understand that your content, excluding payment information, may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. However, payment information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, App, or services, or any contact on the Site or App through which the services are provided, without our express written permission.

You must not engage in any activity that disrupts or interferes with the operation of the Site, App, or services provided.

All intellectual property rights related to the Site, App, and services, including but not limited to trademarks, copyrights, and trade secrets, are owned by Balardi or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Site and App in accordance with these Terms.

The fashion brands and their associated trademarks, copyrights, and trade secrets displayed on the Site and App are the property of their respective owners. Balardi does not claim ownership of any such third-party intellectual property, and its display on the Site and App does not imply any endorsement, affiliation, or sponsorship by the respective brand owners.

If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

These Terms, along with any other policies or agreements referenced herein, constitute the entire agreement between you and Balardi with respect to the use of the Site and App, superseding any prior or contemporaneous agreements, communications, and proposals.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we always strive to provide accurate and up-to-date information on our Site and App, we make no warranties or representations regarding the accuracy, completeness, or timeliness of the information available. The content provided is for general informational purposes only and should not be solely relied upon for making decisions. The Site and App may contain historical information that is provided for your reference only. Historical information may not reflect current developments and is not intended to serve as the basis for decisions.

We reserve the right to modify or update the content on our Site and App at any time. However, we are not obligated to update or correct information, including but not limited to product descriptions, pricing, promotions, and availability. You agree that it is your responsibility to monitor changes to our Site and App.

We make every effort to ensure that product descriptions and pricing information are accurate. However, errors may occur. If we discover a mistake in the pricing or description of a product, we may correct the error or cancel your order, and we will notify you of such changes as soon as possible.

We do not undertake any obligation to update, amend, or clarify information on the Site or App, except as required by law. No specified update or refresh date applied in the Site or App should be construed to indicate that all information has been modified or updated.

It is your responsibility to review the information on the Site and App and to ensure its accuracy and relevance to your needs. We are not liable for any inaccuracies or omissions in the content provided.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right, at our sole discretion, to modify, update, or discontinue any part of our Site or App, including the products and services offered, without prior notice. This includes the right to add or remove features, tools, or services.

Prices for products and services on our Site and App are subject to change without notice. We strive to maintain accurate pricing, but errors may occur. If there is a discrepancy or error in pricing, we reserve the right to correct it and may cancel your order if needed. You will be notified of any price changes or adjustments as soon as possible.

We may, at our discretion, limit the availability of products or services, or discontinue certain products or services entirely. We are not obligated to offer any product or service indefinitely.

We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Service or any part of it.

It is your responsibility to review the current prices and terms before making a purchase. Continued use of our Site or App after any changes are posted constitutes acceptance of those changes.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively through our Site or App. These items may have limited quantities and are subject to availability. We reserve the right to limit the number of products or services purchased per person, household, or order.

We strive to provide accurate descriptions and images of our products. However, we do not guarantee that the descriptions, images, or other content on our Site or App is accurate, complete, or current. The color and appearance of products displayed on your device may vary from the actual product.

All product pricing is subject to change without notice. We may update prices, add new products, or remove products from our Site or App at any time. Any changes in pricing or availability will be reflected on our Site or App.

We reserve the right to limit or restrict the purchase of any product or service at our discretion. This includes the right to refuse service, limit quantities, or cancel orders, particularly if we suspect fraudulent activity or if there is a discrepancy in pricing or product availability.

Products purchased from our Site or App are subject to our Refund & Return Policy. Please review our Refund & Return Policy for information on how to return or exchange products. Any product return or exchange must comply with the terms outlined in our Refund & Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained through our Site or App will meet your expectations. All products are provided ‘as is’ and without warranties of any kind, except as required by law.

We reserve the right to discontinue any product or service at any time without notice. If a product you have ordered is discontinued, we will notify you and may offer a replacement or refund as applicable.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide accurate, complete, and current information for all purchases made through our Site or App. This includes but is not limited to your name, address, email, phone number, and payment information. We reserve the right to refuse or cancel any order if we suspect inaccuracies or fraud.

We may impose limits on the number of items that can be purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, payment method, or shipping address. We also reserve the right to refuse service to any individual or entity, in our sole discretion.

All payments for orders are processed through secure payment gateways. If there is an issue with processing your payment, we may contact you to resolve it. If we cannot verify your payment information, we reserve the right to cancel your order.

In the event of a billing error or discrepancy, please contact us immediately at info@balardi.com.

You are responsible for ensuring that your account information, including your payment details, is up-to-date. Notify us of any changes to your information as soon as possible to avoid delays in processing your orders or communication.

To protect against fraud, we may use various verification and authentication measures. This may include contacting you or your payment provider to confirm your identity and transaction details. Failure to provide accurate information or comply with verification requests may result in order cancellation.

For any questions or concerns regarding your billing or account information, please reach out to our customer service team at info@balardi.com. We are here to assist you with any issues related to your account or purchases.
SECTION 7 - OPTIONAL TOOLS

From time to time, we may provide you with access to third-party tools or services that are not owned or controlled by Balardi. These tools or services may include, but are not limited to, analytics, payment processing, or promotional tools.

We do not monitor or have control over these third-party tools or services and do not endorse or assume any responsibility for them. The availability of these tools does not imply our endorsement or recommendation of their use. Your use of optional third-party tools is entirely at your own risk. It is your responsibility to review and understand the terms and conditions and privacy policies of these third-party providers before using their tools or services.

The third-party tools are provided ‘as is’, without any warranties, representations, or conditions of any kind. We do not warrant the accuracy, completeness, or reliability of any third-party tools or services, nor do we guarantee that they will be available, secure, or free from errors.

We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools. This includes any loss or damage that may result from your reliance on these tools or any issues that arise from their use.

We may introduce new features or services, including new tools or resources, on our Site or App. These new features or services will also be subject to these Terms of Service unless explicitly stated otherwise.

If you provide feedback regarding any third-party tools or services, we may use this feedback for our own purposes but have no obligation to incorporate it or act upon it.

SECTION 8 - THIRD-PARTY LINKS

Our Site and App may contain links to third-party websites, services, or resources that are not owned or controlled by Balardi. These links are provided for your convenience and to facilitate access to additional content, services, or information. We do not endorse, guarantee, or assume responsibility for the content, accuracy, legality, or availability of any third-party websites or resources. We have no control over, and are not responsible for, the content or practices of these third-party sites. Your use of third-party websites or resources is entirely at your own risk. We strongly encourage you to review the terms of service and privacy policies of any third-party sites or services you visit. Any transactions or interactions you have with third parties are solely between you and the third party. In no case Balardi shall be liable for any harm, loss, or damage resulting from your access to or use of third-party websites or resources. 

Third-party advertisers or sponsors on our Site or App may use cookies or similar technologies to collect information about your interactions with their advertisements. We do not control or have access to this information and are not responsible for the privacy practices of third-party advertisers.

Any feedback, concerns, or complaints regarding third-party content or services should be directed to the relevant third-party provider. Balardi will not intervene in disputes between users and third-party providers.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you submit comments, feedback, suggestions, or other materials (collectively, "Submissions") to us, whether in response to a request from us or on your own initiative, you grant us a perpetual, royalty-free, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display such Submissions worldwide in any media, for any purpose.

We have no obligation to keep any Submissions confidential. We are not liable for any use or disclosure of Submissions that you provide to us, and we have no obligation to acknowledge or compensate you for any Submissions.

You agree that your Submissions will not: a) violate any intellectual property rights or other rights of any third party; b) contain libelous, defamatory, obscene, abusive, or otherwise unlawful material; c) contain viruses, malware, or other harmful code; d) be used to impersonate or mislead others as to the origin of any Submissions.

We reserve the right, but are not obligated, to monitor, review, and remove any Submissions that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of these Terms of Service.

You are solely responsible for the accuracy, legality, and content of any Submissions you make. We do not assume any responsibility or liability for the content of your Submissions or for any harm resulting from them.

Any feedback you provide about our Site, App, products, or services is provided on a non-confidential basis. We are free to use and incorporate such feedback into our offerings without any obligation to you. We have the right, but not the obligation, to investigate any suspected violations of these Terms of Service and to take appropriate action, including but not limited to, removing Submissions or terminating your access to our Site or App.

SECTION 10 - PERSONAL INFORMATION

We collect and process your personal information through the Site or App in accordance with our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on the Site or App that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information at any time without prior notice. This includes making changes to or canceling orders if information on the Site or App is inaccurate. We are not obligated to update, amend, or clarify information, except as required by law. The absence of a specific update or refresh date does not imply that all information on the Site or App has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions outlined in these Terms, you are prohibited from using the Site or App for: a) engaging in or promoting any activities that are illegal or violate applicable laws, including local, state, federal, and international regulations; b) violating any regulations, rules, or laws that apply to you or your activities, whether they are international, federal, provincial, state, or local; c) infringing upon the intellectual property rights of others, including unauthorized use of trademarks, copyrights, or trade secrets d) harassing, abusing, or discriminating against others based on characteristics such as race, gender, sexual orientation, religion, nationality, age, or disability; e) submitting false, misleading, or deceptive information, or making claims that are not accurate; f) uploading, transmitting, or spreading malware, viruses, or any other harmful software that could damage or disrupt the Site, App, or other users' devices; g) collecting or tracking personal information of others without their consent, or using data in an unauthorized manner; h) using automated systems to scrape, collect, or harvest data from the Site or App, or sending unsolicited communications or spam; i) posting or sharing content that is obscene, offensive, immoral, or otherwise inappropriate for a general audience; j) attempting to bypass or interfere with the security measures of the Site or App, including unauthorized access to accounts or systems.

If you violate any of these prohibitions, we may take the following actions: a) we may suspend or terminate your access to the Site or App, either temporarily or permanently, without prior notice; b) we may take legal action against you to enforce these Terms, recover any damages or losses incurred as a result of your actions, and seek any other remedies available under the law; c) we may report your actions to law enforcement or other relevant authorities if we believe they are illegal or require investigation; d) you may be responsible for reimbursing us for any costs or damages resulting from your prohibited use, including legal fees and expenses.

We reserve the right to enforce these prohibitions at our sole discretion, and your continued access to the Site or App is contingent upon your adherence to these Terms.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Site or App will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the Site or App will be accurate or reliable.

You agree that we may remove the Site or App for indefinite periods or cancel the service at any time, without prior notice.

You expressly agree that your use of, or inability to use, the Site or App is at your sole risk. The Site and App, along with all products and services delivered through them, are provided on an ‘as-is’ and ‘as-available’ basis, without any warranties or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by law, neither Balardi nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Site or App, any products obtained through the Site or App, or any related claims.

This limitation applies even if we have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions, our liability is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Balardi, along with our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively, "Indemnified Parties"), from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: a) your use of or access to the Site or App; b) your breach of these Terms of Service or any documents they incorporate by reference; c) your violation of any law or the rights of a third party.

This obligation to indemnify will survive the termination of your use of the Site or App and these Terms.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified or replaced by a valid, enforceable provision that most closely reflects the original intent of the invalid provision. Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

SECTION 16 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our Site or App.

We may, in our sole discretion, terminate or suspend your access to the Site or App, without notice, if you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have failed to comply. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, along with any policies or operating rules posted on the Site or App (including our Privacy Policy, Cookie and Tracking Technologies Policy, Shipping Policy, and Refunds & Return Policy), constitute the entire agreement and understanding between you and us regarding your use of the Site and App. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of these Terms of Service.

The failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

 
SECTION 18 - GOVERNING LAW

These Terms of Service, as well as any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of laws principles. By using the Site or App, you agree to submit to the exclusive jurisdiction of the courts located within Israel for the resolution of any disputes arising out of or relating to these Terms of Service or your use of the Site or App.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We may update, modify, or replace any part of these Terms of Service at our sole discretion by posting the revised Terms on this page. It is your responsibility to periodically review the most current version of the Terms of Service, which will be available on our Site and App. Your continued use of the Site, App, or our services after any changes are posted constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must stop using the Site, App, and our services.

SECTION 20 - CONTACT INFORMATION

Trade name: Balardi LLC
Phone number: +1-646-568-7230
Physical address: Balardi, 1309 Coffeen Avenue, Sheridan WY 82801, United States

If you have any questions, concerns, or comments about these Terms of Service, or if you need assistance or additional information, please feel free to contact us. You can reach our customer support team by email at info@balardi.com. 

SECTION 21 - INTERNATIONAL ORDERS AND PAYMENT PROCESSING

Balardi partners with Reach to facilitate international orders, making it easier for our customers to shop globally. Reach is a global payments and logistics provider that manages payment processing, shipping logistics, and other aspects of international transactions for merchants like Balardi. For more detailed information about Reach and its services, visit its official website at www.withreach.com.
For international orders, Reach acts as the Merchant of Record. This means that Reach handles the payment processing, shipping, and all other aspects related to your international purchase. Depending on your location, Reach may be represented by one of the following entities: With Reach (EU) Limited ÖU, Reach Ltd., With Reach (Australia) Pty. Ltd., With Reach UK Ltd., or With Reach (USA) LLC.

When placing an international order, you will provide your payment details, shipping address, and other necessary information directly to Reach, not Balardi. Reach uses this information to process your payment and complete your order. If Reach encounters issues verifying your payment, they may contact you or your payment card issuer to confirm your identity and the order details.

If there is an error in the listed price of a product on Balardi’s Site or App, Reach reserves the right to correct it. They may contact you with the updated price, and you can choose to proceed with or cancel the order.

Once your payment is processed and verified, Reach will ship your order to the address you provided. Ownership of the items transfers from Reach to you upon shipment. Reach manages the logistics, and items may be shipped in one or multiple packages. Reach will notify you if your address, such as a PO box, is ineligible for shipping.

For questions or issues with your order, contact either Balardi or Reach. Reach will work with Balardi to resolve concerns. If returns are allowed by Balardi’s Refund & Return Policy, Reach will assist with processing returns and issuing refunds as authorized by Balardi.

If you are under the legal age of 18, you must obtain parental or guardian consent to complete your purchase.

Reach may use affiliates or third-party service providers for payment processing. These parties are required to comply with strict privacy and data protection standards.

You can select your preferred payment method and currency at checkout. Currency value fluctuations may affect the actual purchase price.

Your payment card or electronic payment statement will reference “Reach” and the Merchant.

Reach uses various fraud prevention protocols. You must comply with these protocols, including verification of payment and shipping addresses. Changes to authenticated payment information or verified addresses are not permitted after placing an order.