We welcome you to the TulaBala.com website (the “Website”), owned and operated by TulaBala LLC, and its affiliates (collectively, “TulaBala”, “we” or “our”). By visiting the Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those terms and privacy policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms, then please do not access the Website or use any Service.

1. Acceptance of Terms: The Terms set forth legally binding terms for your use of the Website (the “Agreement”). By using the Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Websites) or you are a "Member" (which means that you have registered on our Website as a user). Any new features, tools, or products which are added to the Website shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and Service following the posting of any changes constitutes acceptance of those changes. Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. Security Rules and Use by Minors: Violations of system or network security may result in civil or criminal liability. TulaBala investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website. Furthermore, this Website is not intended for anyone under the age of 18. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on the Website.

3. Communication: You agree that we may communicate with you electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

4. Accuracy of Billing and Account Information: We reserve the right to refuse any order you place with us or refuse Service to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

• Orders require 1 to 2 business days for processing prior to being shipped from the warehouse. Processing times may vary during busy seasons such as the Holidays.
• Shipping costs are determined at the time of shipping to provide customers the best possible price.
• We ship via carriers determined by our fulfillment center to ensure the best rates and delivery times.
• For information about shipping to non-contiguous states or countries outside of the USA, please contact info@TulaBala.shop.

At TulaBala, we prioritize your satisfaction. We will gladly accept merchandise for exchange, store credit, or refund within 14 days of purchase. All merchandise returned must have original tags attached, be unused in sellable condition and accompanied by proof of purchase. Visit our Returns & Refunds page on our website. There, you can provide all necessary details and let us know about the issue. Our dedicated team will guide you through every step, ensuring that your return experience is handled with care and efficiency.

6. Prohibited Conduct: You may not use this Website for commercial purposes. You agree not to use the Service to post or otherwise transmit information, data, text, images, files, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that (a) is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter; (e) collects, stores or solicits personal information; (f) provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; (g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, (i) providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (j) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (k) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (l) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (m) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; (n) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (o) includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; (p) disrupts, overburdens or otherwise interferes with the Website, the Services, or the networks or servers used by the Website; (q) impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or (r) contains a virus or other harmful component. IF YOU VIOLATE ANY OF THE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE US, OUR AFFILIATES, SUBSIDIARIES OR AGENTS.

7. Submissions to the Website: The Website may contain areas that allow for user interaction, including blogs, forums, bulletin board services, product reviews, chat areas or other message and communications features that permit the user to communicate with the public at large or with a group ("Interactive Area(s)"). You acknowledge that the Website and the Interactive Areas are public and do not provide for private communications; therefore, any information or content you post to the Website may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information on the Website. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, TulaBala specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. You additionally acknowledge and agree that any reviews posted to the Website (including without limitation any pictures, images, or other multimedia included in such review, and which reviews constitute Content) (collectively, the “Reviews”), may be “shared” or re-posted on social media by any person or persons accessing the Website. You hereby grant to all Website users interacting with your Review(s) a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Reviews, as well as your name, persona and likeness included in any Review and your social media account handle, username, real name, profile picture and/or any other information associated with the Review, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed.

8. Responsibility for Content: You, and not TulaBala, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service or Website. TulaBala does not control the Content posted via the Service or Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will TulaBala be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

9. Rejection/Removal of Content: You acknowledge that TulaBala may or may not pre-screen Content posted on our Website, but that TulaBala shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, TulaBala shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of TulaBala, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact TulaBala.

10. Preservation/Disclosure: You acknowledge, consent and agree that TulaBala may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TulaBala and the public.

11. Security Components: You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TulaBala and/or content providers who provide content to TulaBala. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.

12. License to Your Content: We do not claim ownership of user-generated content and material. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Website, the Service, or any applicable social media account, you hereby grant to TulaBala a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Content. TulaBala will be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. You agree that in the event TulaBala receives any royalties, compensation or other payments associated with exercising the rights granted to it under the license granted in this provision, you shall not claim any right to any portion of such royalties, compensation or other payments. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain Content you have posted, but TulaBala has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on TulaBala's servers after the Content appears to have been removed from our Website, and TulaBala retains the rights to all such remaining copies. If you wish to keep any Content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, TulaBala or the Website. You further agree that TulaBala may, in its sole discretion, use any Content for which it has a license in a manner that may link to, refer to or reference your name, such as use of your Content on the Website or an affiliated or partner website. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

13. Website Content: All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, pricing or other content available on the Website are accurate, complete, reliable, current or error-free. Our Website is provided free of charge and on that basis we have no obligation to provide any maintenance support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website. TulaBala reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Website, and to the products and packages described on the Website, at any time without notice, including after confirmation of a transaction.

YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TULABALA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH THEY ARE LINKED.

TULABALA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (VI) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TULABALA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

20. Limitation on Liability: To the fullest extent permitted by applicable laws, IN NO EVENT WILL TULABALA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF TULABALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, TulaBala's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TulaBala for the Service. Otherwise, if you are dissatisfied with any portion of the Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website. Without limiting the generality of the foregoing, TulaBala will not be liable for: (a) the contents of any communication, message, or information posted by you or other third parties; (b) the content of any website not controlled, owned, or operated by TulaBala that is accessed from or linked to this Website; (c) the content, services or information provided by any website purporting to be operated by TulaBala or its affiliates, but not actually affiliated with, controlled, owned, or operated by TulaBala; and (d) any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.

You further specifically acknowledge that TulaBala is not liable, and you agree not to seek to hold TulaBala liable, for the conduct of third parties, including other users of the Services and operators of external websites and that the risk of use of the Services and external websites and of injury from the foregoing, rests entirely with you.

21. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect

22. Indemnity: You agree to indemnify, defend, and hold harmless TulaBala, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, representatives and third-party providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any violation of the terms of this Agreement; your infringement of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. TulaBala will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

23. Additional Terms: We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.

24. Modification and Discontinuation: We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

25. Entire Agreement: This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and TulaBala and governs your use of the Website and Service, superseding any prior agreements between you and TulaBala with respect to the Website and Service.

26. Choice of Law and Forum: This Agreement and the relationship between you and TulaBala shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and TulaBala agree to submit to the personal and exclusive jurisdiction of the courts located within the county of West Palm Beach, Florida.

27. No Waiver and Severability of Terms: The failure of TulaBala to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

28. Waiver of Jury Trial and Class Actions: You and TulaBala waive all rights to a jury trial, instead electing that any disputes be resolved by a judge. You also agree that any disputes with us shall be resolved on an individual basis, and that you may not bring a claim as a plaintiff or class member in a class consolidated or representative action.

29. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

30. Headings: The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.

Questions: If you have any questions regarding this Agreement, please contact us by email at info@Tulabala.shop

 

These terms of service were last updated on [October 17, 2024].