OVERVIEW
Welcome to Balba NYC! The terms “we”, “us” and “our” refer to Balba NYC. Balba NYC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Balba NYC is powered by Shopify, which enables us to provide the Services to you. 
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. 
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. 
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old (or age of majority in your state), and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. 
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. 

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device’s settings and configuration. All measurements, dimensions, and weights provided are approximate and may vary slightly due to manufacturing tolerances or natural variations in materials.
Before placing an order, you are responsible for verifying that the product’s dimensions are suitable for delivery and installation at your location, including ensuring sufficient access through doorways, hallways, elevators, stairways, and any turns or obstacles. We are not liable for delivery failures or additional costs resulting from inadequate access.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
We comply with applicable U.S. federal and state laws. Certain items may require state-specific notices (e.g., California Proposition 65 warnings; upholstered furniture flammability standards such as TB117-2013). Where required, notices will be provided on the product page or at checkout.
Attributions of age, origin, and materials are based on our assessment and available documentation; reasonable variances do not constitute defects.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. 

SECTION 3 - VINTAGE CONDITION; AS-IS.
ALL VINTAGE/ANTIQUE ITEMS ARE ONE-OF-A-KIND AND MAY DISPLAY AGE-APPROPRIATE WEAR, PATINA, MINOR IMPERFECTIONS, OR PRIOR RESTORATIONS. EXCEPT WHERE PROHIBITED BY LAW, VINTAGE ITEMS ARE SOLD “AS IS” AND “WITH ALL FAULTS,” AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THIS SECTION LIMITS YOUR RIGHT TO RETURN ITEMS WITHIN 30 DAYS UNDER OUR REFUND POLICY.

SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Balba NYC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Balba NYC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Balba NYC may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. 
You may request a return authorization (RMA) within 30 days of delivery for any product, subject to our Refund Policy. Refund Policy. Items must be in the same condition as received and suitable for safe transport. Original/return shipping is non-refundable, and a restocking fee may apply unless the return is due to our error or a confirmed defect/damage. Risk of loss for returns remains with the customer until we receive and inspect the item. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Pre-order dates are estimates and may change. If a delay exceeds 90 days, you may cancel for a full refund.

SECTION 5 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Promotions may have separate terms and may not be combinable. Gift cards/store credit are not redeemable for cash except where required by law. Additional terms may apply.
We collect and remit sales tax where we are legally obligated to do so, including for orders shipped within the State of New York based on the origin of shipment. For orders shipped to other jurisdictions where we do not collect sales tax, you are solely responsible for reporting and remitting any applicable use tax or similar obligations to your local tax authority.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
We may refuse, limit, or verify orders suspected of fraud, misuse, or violation of these Terms.

SECTION 6 - SHIPPING AND DELIVERY
Delivery windows are estimates. Title transfers upon our receipt of full payment. We may ship items separately as they become available; billing and returns may be processed proportionally. Risk of loss transfers upon delivery to your shipping address (or, for customer pick-ups, upon hand-off). Please inspect at delivery and report any visible or concealed damage or shortage within 48 hours to order@balbanyc.com with photos and order number. Unless specified, delivery is curbside. White-glove may be available for an additional fee. White-glove services are provided by independent carriers. Our responsibility is limited to arranging such services; carrier terms apply. Please inform us of access constraints (doorway width, tight turns, elevator reservations, building COI). Missed/refused appointments or site-access issues may incur redelivery/storage fees.

SECTION 7 - FORCE MAJEURE
Neither party shall be held liable for any delay or failure in performing its obligations under this Agreement if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, weather conditions, fires, floods, wars, civil disturbances, strikes or labor disputes, transportation disruptions, supply chain interruptions, embargoes, government actions or restrictions, or any other events that could not have been reasonably foreseen or prevented. The affected party shall notify the other party as soon as reasonably practicable and shall use commercially reasonable efforts to resume performance as soon as possible.

SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Balba NYC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. 
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Balba NYC, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Balba NYC. 
Balba NYC’s names, logos, product and service names, designs, and slogans are trademarks of Balba NYC or its affiliates or licensors. You must not use such trademarks without the prior written permission of Balba NYC. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. 

SECTION 9 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service. 

SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. 
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party. 

SECTION 11 - RELATIONSHIP WITH SHOPIFY 
Balba NYC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Balba NYC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Balba NYC, including any injury, damage, or loss resulting from purchased products and services. Shopify is not a party to the sale nor responsible for our products or policies.

SECTION 12 - PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy  which provides disclosures and rights for residents of certain states, including California (CCPA/CPRA). Our Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. Certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies. 
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.
You consent to receive notices and disclosures electronically (via email or by posting on the Services). Electronic records and signatures are deemed equivalent to written ones.
Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information. 

SECTION 13 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. 
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. 
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party. 

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). 

SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Balba NYC, Shopify or users of the Services, or expose them to liability. 
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. 

SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. 
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination. 

SECTION 17 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. 
EXCEPT AS EXPRESSLY STATED BY Balba NYC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BALBA NYC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY, DEATH, OR DAMAGES CAUSED BY GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Balba NYC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. 
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents. 

SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. 

SECTION 23 - GOVERNING LAW
Governing Law: State of New York (no conflict-of-laws).
Binding Arbitration; Class Action Waiver: Except for claims that may be brought in small claims court or seeking equitable relief, any dispute arising out of these Terms or your purchase/use of the Services will be resolved by binding, individual arbitration administered by the AAA under its Consumer Arbitration Rules. No class or representative actions.
Opt-Out: You may opt out of this arbitration agreement within 30 days of your first purchase by emailing order@balbanyc.com with subject “Arbitration Opt-Out” your name, and order number.
Venue (Non-Arbitration): For disputes do not subject to arbitration, the state and federal courts in New York County, New York have exclusive jurisdiction and venue.

SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. 
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@balbanyc.com. 

BALBA NYC by

DEX NYC LLC
2548 34th street,
Astoria, NY 11103

+1 (347) 345-7519
hello@balbanyc.com