Legal notice

SALE OF GOODS AGREEMENT

This Sale of Goods Agreement (this “Agreement”) governs the sale of goods by Drool and Co, LLC, a North Carolina limited liability company (“Drool and Co,” “Company,” “Seller,” “we,” “us,” or “our”), to any purchaser (“Customer,” “you,” or “your”). This Agreement applies to all purchases made in-store at Company’s retail location(s), through Company’s website or e-commerce platforms, or through any other sales channel operated by Company (collectively, the “Sales Channels”).

BY PLACING AN ORDER, COMPLETING A PURCHASE, OR OTHERWISE ACQUIRING ANY GOODS FROM COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND COMPANY’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

1. SCOPE OF AGREEMENT

This Agreement applies to all baby and children’s products, gear, furniture, accessories, apparel, bedding, dinnerware, personal hygiene products, and other merchandise offered for sale by Company (collectively, the “Goods”), regardless of whether such Goods are purchased in-store or online.

2. ORDER ACCEPTANCE AND ELIGIBILITY

Purchases may only be made by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is older. Company does not knowingly sell Goods directly to minors.

All orders, whether placed online or in-store (each, an “Order”), are subject to acceptance by Company. Company reserves the right to refuse, cancel, limit, or revoke any Order at its sole discretion, including due to inventory constraints, pricing errors, suspected fraud, resale or commercial use activity, excessive returns, or violation of this Agreement.

Customer agrees that Goods are purchased for personal, non-commercial use unless expressly authorized in writing by Company. Unauthorized resale or commercial use may result in Order cancellation and account termination.

3. PRICING, TAXES, AND PAYMENT

All prices are listed in U.S. dollars unless otherwise stated and do not include applicable sales tax, shipping, handling, or other fees unless expressly indicated. Customer is responsible for all applicable federal, state, and local taxes.

Payment must be made using Company’s accepted payment methods at the time of purchase. For online purchases, Customer authorizes Company and its payment processors to charge the selected payment method for the total amount of the Order. Company’s collection, use, and handling of personal information in connection with Orders is governed by Company’s Privacy Policy.

Company reserves the right to correct pricing errors, cancel affected Orders, and issue refunds in its sole discretion.

4. SHIPPING, DELIVERY, AND RISK OF LOSS

Shipping and delivery timelines are estimates only and are not guaranteed. Title to and risk of loss for the Goods pass to Customer upon Company’s delivery of the Goods to the carrier.

Company is not responsible for delays, loss, theft, or damage occurring after transfer to the carrier. Customer is responsible for providing complete and accurate shipping information.

5. IN-STORE PICKUP

Certain Goods may be eligible for in-store pickup. Customer must present proof of purchase and valid identification if requested. Company reserves the right to cancel unclaimed Orders after a reasonable holding period.

6. PRODUCT USE, SAFETY, AND ASSUMPTION OF RISK

Many Goods sold by Company are intended for use by infants and children and require proper assembly, installation, supervision, and use in strict accordance with manufacturer instructions, warnings, age and weight limits, and safety guidelines.

Customer acknowledges and agrees that: (a) Children must always be supervised when using Goods; (b) Improper use, assembly, modification, or failure to follow instructions may result in injury or damage; and (c) Company is not responsible for supervising use of the Goods.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OR MISUSE OF THE GOODS AFTER PURCHASE.

7. MANUFACTURER RELATIONSHIP, RECALLS, AND DEFECTS

Company is a retailer and not the manufacturer of most Goods. Any representations regarding safety, performance, or suitability originate from the manufacturer.

In the event of a manufacturer recall, safety notice, or defect notice, Company may notify Customer if contact information is available, but Company has no independent obligation to monitor or initiate recalls. Remedies for manufacturer defects are governed by the manufacturer’s warranty, if any.

8. WARRANTIES AND DISCLAIMERS

Certain Goods may be covered by manufacturer warranties. Company does not administer or control such warranties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL GOODS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. RETURNS AND REFUNDS (REFUND POLICY)

Returns of new merchandise must be requested within fourteen (14) days of receipt and must be pre-authorized by contacting hello@droolandco.com.

All returned Goods must be in the condition in which they were purchased, with original packaging intact. Refunds will be issued only after Company’s receipt and inspection of returned Goods.

Customer is responsible for all return shipping costs unless otherwise required by law. Eligible Goods may alternatively be returned in-store with the original receipt.

The following items are non-returnable: furniture, mattresses, highchairs, special orders, custom orders, sale items, and any bedding, dinnerware, or personal hygiene products that have been opened. Gear items must have unopened boxes with all seals intact to be eligible for return.

No refunds or exchanges will be made outside the terms of this Refund Policy except as required by applicable law.

10. EXCHANGES

Exchanges, if permitted, are subject to the same eligibility requirements, timelines, and limitations as returns. Company does not guarantee availability of replacement items.

Company reserves the right to deny or limit exchanges to prevent abuse, resale activity, excessive returns, or suspected fraud.

11. PAYMENT DISPUTES AND CHARGEBACKS

Customer agrees not to initiate chargebacks, payment reversals, or payment disputes for any Order that complies with this Agreement and the Refund Policy. Customer acknowledges that initiating an improper chargeback constitutes a material breach of this Agreement.

In the event of a chargeback or payment dispute, Customer agrees to cooperate fully with Company’s investigation, including providing documentation reasonably requested by Company or its payment processors.

To the maximum extent permitted by law, Customer shall be responsible for all chargeback fees, penalties, fines, administrative costs, and related expenses incurred by Company as a result of improper, excessive, or fraudulent chargebacks.

Customer agrees that improper chargebacks cause Company damages that are difficult to ascertain and agrees to pay liquidated damages in the amount of $50 per improper chargeback, in addition to reimbursement of the disputed amount and applicable fees, to the extent permitted by law.

Company reserves the right to suspend or permanently terminate Customer’s ability to place future Orders if Company determines, in its sole discretion, that chargeback activity is abusive or fraudulent.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DIMINUTION IN VALUE, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE GOODS OR THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GOODS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM.

NOTHING IN THIS AGREEMENT SHALL LIMIT LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING CERTAIN STRICT PRODUCT LIABILITY CLAIMS WHERE LIMITATION IS PROHIBITED.

13. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Company and its members, managers, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from Customer’s misuse of the Goods, violation of this Agreement, or violation of law.

14. ARBITRATION AND CLASS ACTION WAIVER

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Goods shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in the State of North Carolina. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver. Customer agrees that all disputes shall be brought solely in Customer’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

If this arbitration provision is found unenforceable, the parties agree that any action shall be brought exclusively in the state or federal courts located in North Carolina.

15. INSURANCE DISCLAIMER

Company does not provide insurance coverage of any kind for the Goods, their use, or any injury or damage arising therefrom. Customer acknowledges that Company is not an insurer and that Customer is solely responsible for obtaining any insurance coverage Customer deems necessary or appropriate, including coverage related to children’s products and household use.

16. FORCE MAJEURE

Company shall not be liable for failure or delay due to events beyond its reasonable control, including natural disasters, labor disputes, supply chain disruptions, or governmental actions.

17. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the State of North Carolina. To the extent arbitration is deemed unenforceable, venue shall lie exclusively in the state or federal courts located in North Carolina.

18. ELECTRONIC ACCEPTANCE AND RECORDS

For online purchases, Customer’s electronic acceptance of this Agreement (including by clicking “purchase,” “place order,” or similar confirmation) constitutes a legally binding signature. Customer agrees that electronic records of Orders, acceptances, and transactions shall have the same legal effect as written records.

19. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties regarding the sale of Goods and supersedes all prior or contemporaneous agreements or understandings.

20. CONTACT INFORMATION

Drool and Co, LLC
Email: hello@droolandco.com