Terms of service
TERMS OF SERVICE
Last updated: August 13, 2026
OVERVIEW
Welcome to Babo’s Kitchen. The terms “we,” “us,” and “our” refer to Babo’s Kitchen. Babo’s Kitchen operates this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience (the “Services”). Babo’s Kitchen is powered by Shopify, which enables us to provide the Services.
These terms and conditions, together with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not access or use the Services.
SECTION 1 — ACCESS AND ACCOUNTS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you permit a minor dependent to use the Services through a device or account you own or manage, you are responsible for their use of the Services.
To use certain Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping address. You represent and warrant that the information you provide is accurate, current, and complete and that you have the right to provide it.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to describe and display our products accurately. However, colors, packaging, proportions, and other aspects of a product’s appearance may vary from what appears on your screen because of photography, lighting, device settings, packaging updates, or production variation.
Because many of our food products are made in small batches, natural variations in color, texture, size, flavor, and appearance may occur. These variations are not necessarily defects.
Product descriptions, ingredients, packaging, net weights, availability, and prices may change when reasonably necessary. We reserve the right to discontinue products or limit the quantities available to any person, household, geographic region, or jurisdiction, subject to applicable law.
FOOD, INGREDIENT, AND ALLERGEN INFORMATION
You are responsible for reviewing the ingredient and allergen information provided with a product before consuming it. Our food products may contain or be produced in facilities that also handle common allergens.
Babo’s Kitchen products are produced in a facility that also handles gluten, peanuts, and sesame. Product-specific ingredients and allergen statements appear on the product packaging and, where available, on the applicable product page.
If you have a food allergy, intolerance, medical condition, dietary restriction, or questions about whether a product is appropriate for you, consult a qualified healthcare professional before consuming it and contact us if you need current product information.
Information presented through the Services is provided for general informational purposes and is not medical, nutritional, or dietary advice. No statement made through the Services is intended to diagnose, treat, cure, or prevent any disease or health condition.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept, decline, limit, or cancel an order for legitimate reasons, including product availability, suspected fraud, pricing or listing errors, shipping restrictions, or misuse of the Services.
An order is not accepted until we confirm its acceptance. We must receive and process payment before an order is accepted.
Please review your order carefully before submitting it. We may be unable to accommodate a cancellation or change after an order has been accepted or entered fulfillment. If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided with the order.
Returns, refunds, exchanges, and order cancellations are governed by our Return and Refund Policy.
Unless expressly authorized through a Babo’s Kitchen wholesale account, Faire Direct relationship, purchase order, or separate written agreement, purchases made through our retail online store are intended for personal or household use and not for commercial resale or export.
Authorized wholesale purchases may be governed by separate wholesale terms. If separate wholesale terms conflict with these Terms, the wholesale terms will govern the authorized wholesale transaction.
SECTION 4 — SUBSCRIPTIONS AND RECURRING PURCHASES
Certain products may be available through a subscription or other recurring purchase option. By selecting a subscription, you authorize us and our payment processor to charge the payment method you provide at the price and frequency disclosed when you enroll, including applicable taxes and shipping charges, until the subscription is canceled.
The amount charged may change if you modify your subscription, change the quantity or products included, or if we provide advance notice of a permitted price change in accordance with applicable law.
You may manage, skip, pause, modify, or cancel an eligible subscription using the subscription-management options provided through your customer account or subscription-management link. You may also contact us at hello@baboskitchen.com for assistance.
Cancellation requests must be submitted before the next order has been processed or entered fulfillment. Canceling a subscription prevents future recurring orders but does not automatically cancel or refund an order that has already been processed.
Additional information about recurring purchases, billing, cancellation, and refunds is provided in our Purchase Options Cancellation Policy. If that policy conflicts with this section regarding a subscription purchase, the Purchase Options Cancellation Policy will govern.
SECTION 5 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed when the order is placed and will appear in the order confirmation. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices offered through our online store may differ from prices offered at pop-ups, markets, physical retail locations, wholesale platforms, or third-party retailers.
Promotions may be governed by additional terms. If promotional terms conflict with these Terms concerning the promotion, the promotional terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update information, including your email address and payment details, when necessary.
You represent and warrant that you are authorized to use the payment method submitted and that charges incurred through that payment method will be honored. You agree to pay all applicable product prices, shipping charges, handling charges, and taxes.
SECTION 6 — SHIPPING AND DELIVERY
Shipping destinations, rates, estimated processing times, delivery options, and applicable restrictions are described in our Shipping Policy.
Delivery dates and transit times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, severe weather, customs processing, incorrect or incomplete addresses, service disruptions, or circumstances outside our reasonable control.
Responsibility for and risk of loss relating to shipped products will transfer as permitted by applicable law. Nothing in these Terms limits any non-waivable rights available to you under applicable consumer-protection law.
If an order arrives damaged, appears to be missing, or contains an incorrect product, contact us promptly at hello@baboskitchen.com with your order number and relevant photographs or documentation. We will evaluate the matter under our Shipping Policy and Return and Refund Policy.
Customers are responsible for providing a complete and accurate delivery address. Additional shipping expenses caused by an incorrect address, refused delivery, or unclaimed package may be charged to the customer to the extent permitted by law.
SECTION 7 — INTELLECTUAL PROPERTY
The Services and their content, including trademarks, brand names, text, illustrations, photographs, graphics, product reviews, video, audio, website design, selection, and arrangement, are owned by Babo’s Kitchen, its affiliates, collaborators, or licensors and are protected by applicable intellectual-property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. Unless expressly authorized in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit material from the Services.
Nothing in these Terms grants you a license or other right under any patent, trademark, copyright, trade dress, or other intellectual-property right belonging to Babo’s Kitchen, Shopify, or a third party.
Babo’s Kitchen’s names, logos, product names, designs, characters, illustrations, slogans, and other brand elements are trademarks or protected intellectual property of Babo’s Kitchen or its licensors. They may not be used without prior written permission.
Shopify’s names, logos, product names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, designs, and slogans appearing through the Services belong to their respective owners.
SECTION 8 — OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools, applications, integrations, payment services, review platforms, subscription services, or other features supplied by third parties.
Unless expressly stated otherwise, we do not control or endorse these third-party tools and provide access to them “as is” and “as available.” Your use of third-party tools may be subject to additional terms and privacy policies supplied by their providers.
To the extent permitted by law, we are not liable for damages arising solely from your independent use of an optional third-party tool. You are responsible for reviewing the terms applicable to such tools.
We may introduce new features, tools, or resources through the Services. Unless otherwise stated, those additions will form part of the Services and will be governed by these Terms.
SECTION 9 — THIRD-PARTY LINKS
The Services may contain links to websites, services, resources, or content operated by third parties. We are not responsible for examining or evaluating the content, accuracy, availability, security, policies, or practices of third-party websites or services.
If you leave the Services to access a third-party site, you do so at your own discretion and risk. Review the third party’s policies before providing information or completing a transaction.
Questions or complaints concerning a third party’s products, services, or content should be directed to that third party.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Babo’s Kitchen is powered by Shopify, which enables us to provide the Services. However, purchases made from our store are transactions directly between you and Babo’s Kitchen.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of a sale between you and Babo’s Kitchen, including any injury, damage, or loss associated with products purchased from Babo’s Kitchen. To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Babo’s Kitchen.
SECTION 11 — PRIVACY
Personal information collected through the Services is governed by our Privacy Policy. Certain personal information may also be governed by Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes information concerning access to and use of the Services to provide and improve its services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your state or country.
Please review our Privacy Policy for information about how Babo’s Kitchen, Shopify, and our service providers collect, use, disclose, and protect personal information.
SECTION 12 — FEEDBACK, REVIEWS, AND USER CONTENT
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photographs, videos, proposals, or other content relating to the Services (“Feedback”), you grant us a worldwide, non-exclusive, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, translate, and display that Feedback for purposes including operating, evaluating, improving, and promoting the Services.
You represent and warrant that:
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You own the Feedback or have the rights necessary to submit it.
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You have disclosed compensation or incentives associated with the Feedback where required.
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The Feedback is accurate to the best of your knowledge.
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The Feedback does not violate applicable law or another party’s intellectual-property, privacy, publicity, or other rights.
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The Feedback does not contain unlawful, abusive, defamatory, obscene, malicious, or harmful material.
We may monitor, edit, decline to publish, or remove Feedback that we reasonably determine violates these Terms or applicable law. We are not obligated to keep Feedback confidential, pay compensation for it, publish it, or respond to it.
You may not use a false email address, impersonate another person, or misrepresent the origin of Feedback.
SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS
Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, pricing, promotions, shipping charges, transit times, availability, or other matters.
We reserve the right to correct errors, update information, or cancel affected orders when information is materially inaccurate, including after an order is submitted, subject to applicable law. If an order is canceled after payment, we will provide any refund required under applicable law and our policies.
SECTION 14 — PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly:
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For an unlawful, fraudulent, deceptive, abusive, or malicious purpose.
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To violate international, federal, state, provincial, or local law.
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To infringe or violate our intellectual-property rights or the rights of another person.
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To harass, abuse, threaten, defame, intimidate, discriminate against, or harm another person.
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To transmit false or misleading information.
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To distribute unsolicited advertising, spam, chain letters, or similar solicitations.
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To impersonate another person or entity.
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To interfere with or restrict another person’s use of the Services.
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To upload or transmit viruses, malware, or other harmful code.
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To collect or track another person’s personal information without authorization.
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To bypass or circumvent security, access-control, fraud-prevention, robot-exclusion, or authorization measures.
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To reproduce, duplicate, extract, sell, resell, or commercially exploit the Services except as expressly authorized.
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To use robots, spiders, scraping tools, data-extraction tools, artificial-intelligence tools, or automated agents to access or interact with the Services except as expressly permitted under Section 15, through an authorized sales channel, or otherwise authorized by us.
We reserve the right to restrict, suspend, or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 15 — AUTOMATED AGENTS
This section applies when a person or entity deploys or permits an automated or semi-automated software service to access, use, or interact with the Services (an “Agent”).
Agents authorized through Shopify, Shopify Catalog, Agentic Storefronts, an approved sales channel, or another integration authorized by Babo’s Kitchen or Shopify may interact with the Services subject to the requirements of the applicable platform or integration.
Other Agents may not access or interact with the Services unless they:
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Accurately identify themselves as automated agents when technically appropriate.
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Do not conceal or misrepresent their automated nature.
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Do not imitate human behavior to circumvent protective measures.
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Do not bypass CAPTCHAs, security measures, access controls, or technical restrictions.
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Respond truthfully to requests intended to determine whether an interaction originates from a person or automated system.
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Follow applicable robot-exclusion instructions and any request from us to stop or limit access.
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Comply with applicable law and these Terms.
We may limit or block an Agent’s access to the Services, including through technical measures, when reasonably necessary to protect the Services, our customers, our intellectual property, or our business.
Nothing in this section requires us to authorize scraping, data harvesting, model training, commercial reuse of content, or other uses of our intellectual property.
SECTION 16 — TERMINATION
We may suspend or terminate your access to all or part of the Services if you violate these Terms, misuse the Services, engage in suspected fraud, or create a security or legal risk.
You remain responsible for amounts properly incurred before termination.
Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law, and amounts owed.
SECTION 17 — DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes. We do not warrant that all information will always be accurate, complete, current, or useful. Reliance on information provided through the Services is at your own risk.
EXCEPT AS EXPRESSLY STATED BY BABO’S KITCHEN OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
SECTION 18 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, BABO’S KITCHEN AND ITS OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.
THE FOREGOING APPLIES REGARDLESS OF WHETHER A CLAIM IS BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANOTHER THEORY, AND EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 19 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Babo’s Kitchen, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising from:
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Your material breach of these Terms or policies incorporated into them.
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Your violation of applicable law.
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Your violation of another person’s rights.
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Your unlawful or unauthorized use of the Services.
We will provide reasonable notice of an indemnifiable claim. A delay in notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond. You agree to reasonably cooperate with the defense of an indemnified claim.
SECTION 20 — SEVERABILITY
If a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary. The remaining provisions will remain valid and enforceable.
SECTION 21 — WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies or rules expressly incorporated into them constitute the entire agreement between you and Babo’s Kitchen concerning use of the Services and supersede prior or contemporaneous communications and proposals concerning that use.
Nothing in this section overrides separate written wholesale, collaboration, services, licensing, or other commercial agreements entered into by Babo’s Kitchen.
SECTION 22 — ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.
We may transfer or assign these Terms and our rights and obligations in connection with a merger, acquisition, financing, reorganization, sale of assets, change in business structure, or transfer to an affiliate, subject to applicable law.
SECTION 23 — GOVERNING LAW
These Terms and any dispute arising from or relating to the Services will be governed by the laws of the State of California, without regard to conflict-of-law principles.
Subject to any rights that cannot be waived under applicable consumer-protection law, you and Babo’s Kitchen consent to the personal jurisdiction and venue of the state courts located in Contra Costa County, California, and the United States District Court for the Northern District of California.
SECTION 24 — HEADINGS
Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 25 — CHANGES TO THESE TERMS
The current version of these Terms will be available through this page.
We may update these Terms by posting a revised version through the Services. When required by applicable law, we will provide notice of material changes and state when those changes take effect.
Continued use of the Services after updated Terms take effect constitutes acceptance of those updated Terms, except where applicable law requires another form of consent.
SECTION 26 — CONTACT INFORMATION
Questions about these Terms should be sent to:
Cloudseeding LLC, doing business as Babo’s Kitchen
Email: hello@baboskitchen.com
Website: https://www.baboskitchen.com
POLICIES INCORPORATED INTO THESE TERMS