TERMS AND CONDITIONS

Welcome to Latabo! These Latabo Terms & Conditions of Service apply to the internet website and any other digital properties (collectively, “Latabo”) operated by ALL orders, whether placed over the phone or electronically. Please read our terms and conditions carefully. By using the website, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please leave and do not use the website. Please contact us if you have questions about these Terms.

We may change, suspend, or discontinue any aspect of Latabo.com at any time, including hours of operation or availability of the website or of any product or feature, without notice or liability.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Latabo on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Privacy

Please review our Privacy Notice, which also governs your use of Latabo.com to understand our practices. The Privacy Policy is part of these Terms.

We do not specifically market to children under 13.

Electronic Communications

When you visit Latabo, or send text messages, e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by phone, text, e-mail or by posting notices on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Latabo or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Latabo and protected by international copyright laws. All software used on this site is the property of Latabo or its software suppliers and protected by international copyright laws.

Trademarks

Latabo, and other Latabo graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of JJR IP Services, LLC, in all countries. Latabo trademarks and trade dress may not be used in connection with any product or service that is not Latabo’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Latabo. All other trademarks not owned by JJR IP Services, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Latabo.

Minors

Latabo does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use Latabo only with consent of a parent or guardian. Latabo reserves the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

License and Site Access

Latabo grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Latabo. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions or any Service Terms are reserved and retained by Latabo or its licensors, suppliers, publishers, rights holders, or other content providers.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Latabo.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Latabo and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Latabo’ name or trademarks without the express written consent of Latabo. You may not use any direct linking or source-calling of any media presented on this web site.

Any unauthorized use terminates the permission or license granted by Latabo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Latabo so long as the link does not portray Latabo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Latabo logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications, and Other Content

If you post content or submit material, submit suggestions, ideas, comments, questions, or other information, the content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. Latabo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Latabo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Latabo and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Latabo for all claims resulting from content you supply. Latabo has the right but not the obligation to monitor and edit or remove any activity or content. Latabo takes no responsibility and assumes no liability for any content posted by you or any third party.

Back Order

Although we try our best to inform you before your order is placed, an item may be on backorder with the manufacturer. In the event your order is on backorder, we are happy to cancel it for you at no charge. However, if the item has already shipped within the indicated delivery timeframe, it would be subject to the 100% Money Back Guarantee.

Pricing

Despite our best efforts, a small number of the items in our catalog may occasionally be mispriced. In the event that an item is mispriced, Latabo may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the delivery options section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits and Dealer Sales

Latabo reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Latabo also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our Sales department.

Product Information

Latabo attempts to be as accurate as possible. However, Latabo does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition. We have also made every effort to display as accurately as possible the colors and finishes of the products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color or finish will be accurate. Latabo will not be responsible if any of these are slightly different from what was advertised. Any questions or hesitations based on color or dimensions must be discussed before placing your order, and if not fully addressed, Latabo will not be held responsible.

Sales Tax

We will display the current prices for products available for purchase. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order.

We collect sales tax on orders where we are legally required to do so.

Canceling or Change Orders

Because we work diligently to make sure that your order is processed and shipped as soon as possible, orders may be canceled within 1 business day from when the order was placed. Any requests to cancel an order outside of 1 business day will be subject to our standard return policy.

Once we are able to cancel your order, we will send you an email confirmation of the cancellation.

Refunds will be made to the original method of payment and will be processed within 5 business days. Please be advised that it could take your credit card company an additional 2 business days for your refund to be reflected on your billing statement.

Guarantee/Return Policy

Our guarantee is simple; purchases are refundable for 120 days from delivery. Returned merchandise needs to be in the original packaging, unopened and in new, saleable condition with all original product literature. Customers are responsible for shipping the product back to us. Since we ship from multiple locations, please be sure to us for a return address. No refunds will be issued for any item shipped to the wrong address. The item must be received by our facilities within 130 days from delivery for the return to be accepted. Credit will be given to the original method of payment within 5 business days from product return arrival. Any items returned after 130 days from delivery or with evidence of use, or damage to the product or packaging will not be accepted. We will reach out to you and charge outbound shipping charges to ship the item back to you. No refund will be given.

Refusal of Delivery (Non-Specified Reason)

If you refuse an order without notifying Latabo of any damage or manufacturer defects, Latabo will reach out to you over a period of no more than 5 business days requesting a reason for refusal. If contact cannot be made within 5 business days from the date the order was refused, then you will be automatically charged round trip shipping fees and a 25% restocking fee and the order will be returned.

Damage Policy

If an order is deemed damaged by the shipping company, manufacturer and/or by Latabo, we will work diligently to have the issue resolved. Latabo will only accept responsibility for a damaged item where you notated damage on the delivery receipt and you reported the damage to Latabo within 1 day. Failure to note damage on the delivery receipt and notify Latabo within 1 day will relinquish Latabo and the shipper of all liability. Please be advised that there are different procedures for accepting delivery depending on the delivery service level that you have chosen. Refer to your order confirmation to confirm the selected level of service.

Please open and inspect all items immediately. You must fully inspect the items including the left, right, top, bottom, back and front. If damage to any part of the item is found during inspection, you must report this within 1 day to Latabo.

Photographs of the damage will be requested by Latabo customer service team and are required by the carrier. Photographs may be sent via email or by mail. Photographs must include:
1. packaging showing damage to the packaging
2. Full view of the damaged piece in question
3. Any damages to the items
4. Labels on the item

Once photographs are received, Latabo will assess the best option for resolving the issue. This may include:
1. Sending replacement parts
2. If the replacement parts are not available, Latabo will ship a new piece

White Glove Delivery (In Home Set-Up) It is the customer’s responsibility to fully inspect the items when delivery is being made. Please open and inspect all items immediately. You must fully inspect the items including the left, right, top, bottom, back and front.

In the event that there is damage, you must note on the delivery receipt, damage to (specify area and description of damage), refuse the damaged item(s) and keep the good item(s). After signing the delivery receipt, you must email us at Latabo@gmail.com. within 1 day to report the damages. Do not notate concealed damage on the delivery receipt.

Photographs of the damage will be requested by Latabo’ customer service team and are required by the carrier. Photographs may be sent via email or by mail. Photographs should include:
1. Packaging showing damage to the packaging
2. Full view of the damaged piece in question
3. Any damages to the items
4. Labels on the item

Once photographs are received, Latabo will assess the best option for resolving the issue. This may include:
1. Sending replacement parts
2. If the replacement parts are not available, Latabo will ship a new piece

Indemnification

You agree to defend, indemnify and hold Latabo harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY LATABO ON AN “AS IS” AND “AS AVAILABLE” BASIS. LATABO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LATABO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LATABO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LATABO WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LATABO OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS AND OTHER LATABO WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LATABO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LATABO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

NOTE THAT SOME LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.

DISPUTES

Any dispute or claim relating in any way to your use of any products or services sold or distributed by Latabo will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Latabo. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Latabo, will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Applicable Law

Latabo reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Latabo website following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.