Terms of service

TERMS & CONDITIONS

OVERVIEW

This website is operated by Mi-Barbara, a brand operated by CHICKS LOFT LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Mi-Barbara.

Mi-Barbara offers this website, including all information, tools, products, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink.

These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website.

By accessing or using any part of the site, placing an order, submitting payment, approving a quotation or shop drawing, or otherwise authorizing production, you agree to be bound by these Terms.

If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use our Services.

Any new features or tools added to the current store shall also be subject to these Terms.

You may review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website after such changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given consent to allow any minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in connection with your use of the Service.

You must not transmit worms, viruses, malware, or any code of a destructive nature.

A breach or violation of these Terms may result in termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmission over various networks and technical adaptations to conform to connecting networks or devices.

Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or contact through which the Service is provided without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if general information made available on this site is inaccurate, incomplete, or not current.

Material on this site is provided for general information and should not be relied upon as the sole basis for making decisions where project-specific, technical, electrical, plumbing, installation, certification, or code requirements apply.

This site may contain historical information. Historical information is provided for reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update information except as required by applicable law.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable for lawful modifications, price changes, suspensions, or discontinuance of the Service.

SECTION 5 – PRODUCTS, CUSTOM GOODS, DELIVERY CHARGES AND LIMITED WARRANTY

5.1 Products and Services

Certain products or Services may be available exclusively online through the website and may have limited quantities.

Products are subject to return, exchange, cancellation, or refund only as expressly provided in these Terms and in our Return, Refund & Cancellation Policy, available at https://mi-barbara.com/pages/returns (the “Refund Policy”), which is incorporated into these Terms by reference.

Only products expressly designated as Ready To Ship on the Mi-Barbara website or in the applicable quotation may be eligible for return. All other products are custom-made or made to order and are non-returnable and non-refundable, subject to any rights that cannot lawfully be excluded under applicable law.

In the event of any conflict between the Refund Policy, this Section 5, and any other statement on this website concerning returns, refunds, or cancellations, this Section 5 and the Refund Policy shall control.

We have made reasonable efforts to display product colors, finishes, images, and details accurately. We cannot guarantee that a customer’s screen, monitor, or device will reproduce colors or finishes exactly.

Minor variations in:

  • Color
  • Finish
  • Texture
  • Wood grain and natural stone veining
  • Upholstery
  • LED tone
  • Appearance
  • Dimensions within customary manufacturing tolerances

may occur in handcrafted, custom-made, and made-to-order products and do not constitute a defect or a basis for return, refund, cancellation, credit, or price adjustment.

We reserve the right to limit sales of products or Services to any person, geographic region, or jurisdiction where legally permitted.

We reserve the right to limit product quantities and to discontinue products.

Product descriptions and pricing may change without notice before an order is accepted.

Except for the Limited Warranty stated below, we do not warrant that products or Services will meet subjective expectations that were not expressly included in the approved order specifications.

5.2 Custom Goods – Definition

“Custom Goods” means any product that is manufactured, produced, cut, sized, shaped, finished, upholstered, wired, plumbed, programmed, configured, or assembled after an order is placed, or in accordance with any customer-selected, customer-supplied, or customer-approved:

  • Dimension
  • Size
  • Shape
  • Finish
  • Frame
  • Color
  • Material
  • Upholstery
  • Mirror type
  • Lighting configuration
  • Color temperature
  • Storage configuration
  • Plumbing configuration
  • Mounting orientation
  • Hardware
  • Electrical configuration
  • Certification requirement
  • Labeling requirement
  • Project specification
  • Other option or specification

This includes specifications communicated or approved through:

  • A product-page option selector
  • A quotation
  • A proforma invoice
  • A shop drawing
  • A specification sheet
  • A rendering
  • A sample
  • Email or other written correspondence
  • Any other written approval

Custom Goods also include bespoke, made-to-order, personalized, special-order, or project-specific products and any accessories, components, or services ordered specifically for them.

Unless a product is expressly designated as Ready To Ship on the Mi-Barbara website or in the applicable quotation and is shipped without customization or modification, the product is deemed Custom Goods.

5.3 Custom Goods – Final Sale

(a) Final Sale; No Returns or Refunds

Custom Goods are manufactured specifically for the customer. Accordingly, to the fullest extent permitted by applicable law, all sales of Custom Goods are final.

Custom Goods are not eligible for:

  • Return
  • Cash refund
  • Credit
  • Exchange
  • Price reduction
  • Reimbursement

whether in whole or in part, except where expressly required by applicable non-waivable law.

The following are not grounds for return or refund:

  • Change of mind
  • Ordering errors
  • Incorrect measurements supplied or approved by the customer
  • Incorrect specifications supplied or approved by the customer
  • Changes to the customer’s project
  • Project delays
  • Changes in site conditions
  • Changes in installation conditions
  • Incompatibility with an installation that differs from the approved specifications
  • A contractor’s or installer’s later change in requirements
  • Dissatisfaction with a product that conforms to the approved specifications

(b) Order Cancellations

Cancellation requests must be submitted in writing to info.mibarbara@gmail.com.

If an order has been paid for but production has not yet begun:

Within 24 hours of payment: a cancellation request may be accepted subject to a 25% cancellation and administrative fee, reflecting payment processing, administrative, design, procurement, and order-preparation costs.

More than 24 hours after payment but before production begins: a cancellation request may be considered subject to a 50% cancellation and administrative fee.

Cancellation requests after the initial 24-hour period are subject to Mi-Barbara’s approval and are not guaranteed.

Once production has begun, Custom Goods cannot be canceled. Production may include, without limitation:

  • Procurement of materials or components
  • Cutting
  • Woodworking and cabinetry
  • Metal fabrication
  • Frame fabrication
  • Welding
  • Upholstery
  • Finishing
  • Painting
  • Plating
  • Mirror and glass processing
  • Electrical preparation
  • LED preparation
  • Plumbing component preparation
  • Hardware preparation
  • Assembly
  • Project-specific production work

Once any such process has begun, the order is considered to be in production.

Orders cannot be canceled once shipped.

(c) Damaged, Defective or Non-Conforming Custom Goods – Exclusive Remedy

Mi-Barbara stands behind the products it manufactures.

If Custom Goods are delivered with a verified manufacturing defect, shipping damage, or material non-conformity with the approved order specifications attributable to Mi-Barbara, Mi-Barbara will take responsibility for correcting the issue.

At Mi-Barbara’s election, the corrective remedy may include:

  • Technical assistance
  • Repair
  • Replacement parts or components
  • Replacement electrical components
  • Replacement of the affected portion of the product
  • Replacement or remake of the complete product
  • Another reasonable corrective solution determined by Mi-Barbara

Mi-Barbara reserves the right to determine the appropriate corrective remedy based on the nature and circumstances of the issue.

Custom Goods are non-returnable and non-refundable, including when a verified defect, shipping damage, or non-conformity is confirmed. Cash refunds are not an available remedy for Custom Goods.

Mi-Barbara’s obligation is to correct the issue and provide the customer with the product ordered in proper condition, whether through repair, replacement parts, replacement of an affected component, replacement or remake of the product, or another appropriate corrective solution.

The existence of a manufacturing defect, shipping damage, or other verified issue does not create a right to reject the Custom Goods, return the Custom Goods, cancel the completed order, or receive a cash refund.

Where replacement or remake of the complete product is reasonably necessary to resolve a verified issue attributable to Mi-Barbara, Mi-Barbara may provide a replacement or newly manufactured product as the corrective remedy.

Except where a cash refund is expressly required by applicable non-waivable law, Mi-Barbara’s responsibility for Custom Goods is limited to providing an appropriate corrective remedy and does not include refunding the purchase price.

(d) Customer Cooperation

Our obligation to provide a corrective remedy is conditioned upon reasonable customer cooperation. The customer must:

  • Inspect the shipment promptly
  • Report visible shipping damage, missing components, or obvious discrepancies within the periods stated in the Refund Policy
  • Provide photographs, videos, packaging images, shipping labels, and other reasonably requested documentation
  • Make the product available for inspection
  • Follow reasonable troubleshooting or technical instructions
  • Permit repair, replacement, or remake where appropriate
  • Refrain from unauthorized repairs or modifications

If the customer refuses, materially obstructs, delays, or fails to cooperate with a reasonable remedy process, Mi-Barbara’s ability to investigate or provide a remedy may be affected, subject to applicable law.

(e) Approval and Acceptance

Approval of a quotation, proforma invoice, drawing, rendering, specification, sample, or pre-shipment photograph or video — including proceeding with payment after receiving any of them — constitutes acceptance of the applicable design and specifications of the Custom Goods.

Products that conform to the approved specification, or differ from it only within customary manufacturing tolerances, are not defective or non-conforming.

(f) Authorized Customer Contact & Project Coordination

For each order, Mi-Barbara may work with a customer representative or designated point of contact who:

  • Places the order
  • Approves the quotation
  • Approves the shop drawing
  • Makes payment
  • Provides specifications
  • Provides written instructions
  • Otherwise approves the order on behalf of the customer

Mi-Barbara is entitled to rely on the instructions, approvals, specifications, and confirmations provided by that designated contact.

If multiple parties are involved in a project, including:

  • Owners
  • Contractors
  • Electricians
  • Plumbers
  • Architects
  • Designers
  • Installers
  • Inspectors
  • Project managers
  • Other third parties

it is the customer’s responsibility to coordinate those parties and ensure that all applicable requirements are communicated to Mi-Barbara before approval and production.

Mi-Barbara is not responsible for conflicting instructions, internal communication failures, or additional requirements introduced by another project participant after the approved order specifications have been confirmed.

A product manufactured in accordance with the approved quotation and written specifications is not defective simply because another project participant later requests a different specification or requirement.

(g) Certifications, Codes & Third-Party Requirements

Any certification, labeling requirement, electrical or plumbing standard, building-code requirement, contractor requirement, inspector requirement, or project-specific compliance requirement must be communicated to Mi-Barbara in writing and expressly confirmed by Mi-Barbara before production begins.

Requirements introduced or changed by the customer, contractor, electrician, plumber, inspector, architect, designer, installer, project manager, or other third party after approval or after production has begun do not constitute a product defect and do not make Custom Goods eligible for return or refund.

Mi-Barbara is responsible only for certifications, standards, features, and specifications expressly confirmed in writing as part of the approved order and specifically identified in the quotation provided to the customer. Any requirement not included in the approved quotation or otherwise confirmed by Mi-Barbara in writing before production begins is not considered part of the order.

If a contractor, electrician, inspector, or other third party later requests a different certification, label, specification, construction method, electrical standard, or other requirement that was not included in the approved order, such request is considered a change to the customer’s project requirements and is the customer’s responsibility.

In the event of any inconsistency between a contractor’s, installer’s, architect’s, electrician’s, inspector’s, or other third party’s expectations and the approved quotation or written order specifications, the approved quotation and written specifications accepted by the customer will control.

(h) Acknowledgment; Payment Disputes

By placing an order for Custom Goods, the customer acknowledges that Custom Goods are non-returnable and non-refundable and that repair, replacement, remake, or another corrective remedy is the applicable remedy for verified product issues.

The customer agrees to contact Mi-Barbara and allow the reasonable remedy process described in this Section 5 and the Refund Policy to proceed before initiating a chargeback, payment dispute, or other financial claim.

To the extent permitted by applicable law, Mi-Barbara reserves all rights and remedies available in connection with unsupported or improper payment disputes.

(i) Statutory Rights

Nothing in this Section 5 excludes or limits any right or remedy that cannot lawfully be excluded or limited under mandatory consumer-protection laws applicable to the transaction. Where such laws apply, this Section 5 shall be enforced to the fullest extent permitted by law.

5.4 Limited Warranty

All products sold through the Service are warranted against defects in materials and workmanship under normal residential or commercial use and proper installation by a qualified professional for the warranty period stated on the applicable product page, quotation, or order confirmation.

The warranty does not cover damage caused by:

  • Improper installation
  • Unauthorized modification or repair
  • Misuse
  • Accident
  • Water ingress
  • Electrical conditions outside the product’s rating
  • Improper voltage
  • Improper handling or storage
  • Normal wear, including wear of upholstery and hydraulic components through use
  • Consumable or replaceable components
  • Damage caused by third-party installers, contractors, or service providers

Warranty service is provided through repair, replacement parts, component replacement, replacement, or remake as described in Section 5.3(c).

Warranty service for Custom Goods does not include cash refunds or reimbursement of third-party costs unless expressly agreed by Mi-Barbara in writing or required by applicable law.

5.5 Shipping, Freight, Expedited and Delivery Charges – Non-Refundable

(a) Nature of the Service

“Delivery Charges” means all amounts charged or paid for transportation, handling, packaging, crating, insurance, and delivery of an order, including:

  • Standard shipping
  • Expedited shipping
  • Rush or priority shipping
  • Freight
  • Crating and pallet fees
  • White-glove delivery
  • Inside delivery
  • Lift-gate service
  • Appointment or residential delivery
  • Remote-area surcharges
  • Re-delivery charges
  • Address-correction fees
  • Storage
  • Demurrage
  • Transit insurance
  • Customs duties
  • Import taxes
  • Brokerage
  • Clearance fees

Delivery Charges are separate from the price of the goods and may involve services provided by independent carriers, freight forwarders, customs brokers, and delivery contractors.

(b) Non-Refundable Delivery Charges

Delivery Charges become non-refundable once the relevant shipping, freight, handling, crating, or delivery service has been booked, incurred, or performed.

Unless otherwise required by applicable law, Delivery Charges are not refundable in connection with:

  • Approved returns
  • Order cancellations
  • Warranty claims
  • Replacement products
  • Repair or replacement parts
  • Delivery delays
  • Customs delays
  • Refused deliveries
  • Address changes
  • Customer scheduling issues
  • Any other approved refund or credit

Expedited, rush, and priority charges purchase the applicable handling and carrier service level and do not guarantee arrival by a specific date unless expressly agreed in writing by Mi-Barbara.

(c) Free-Shipping Promotions

Where an order was shipped under a free-shipping or subsidized-shipping promotion, the actual shipping cost incurred by Mi-Barbara may, where permitted, be deducted from an otherwise approved refund or credit.

(d) Returns

Where Mi-Barbara approves a return of an eligible Ready To Ship product under the Refund Policy, the customer is responsible for return shipping, packaging, crating, and insurance unless otherwise agreed in writing or required by applicable law.

The goods remain at the customer’s risk until received and inspected by Mi-Barbara. Unauthorized returns may be refused.

(e) Carrier Delays and Transit Issues

Delivery dates and transit times are estimates unless expressly guaranteed in writing by Mi-Barbara.

To the fullest extent permitted by law, Mi-Barbara is not responsible for delays, losses, additional charges, customs holds, or other events caused by independent carriers, freight forwarders, customs authorities, or delivery contractors.

Our responsibility for verified transit damage is governed by the Refund Policy and the corrective remedy process described in Section 5.3.

5.6 Electrical Components, Certification & Complete-Unit Listing

Certain products, such as illuminated mirrors and styling stations, illuminated reception desks, sterilizer and towel-warming cabinets, electric treatment beds, and other LED or electrical products, contain electrical components such as drivers, power supplies, controllers, sensors, motors, heating elements, LED modules, and other internal electronic components.

Where certification documentation is provided by Mi-Barbara, such documentation relates to the individual electrical components incorporated into the product, and does not constitute a certification, listing, or approval of the complete product assembly unless Mi-Barbara expressly confirms otherwise in writing as part of the approved order.

For the avoidance of doubt: certification documentation for individual electrical components is not the same as a UL, cUL, CSA, ETL, CE, or other listing or certification covering the complete assembled unit.

Unless specifically stated in the approved quotation or otherwise expressly confirmed by Mi-Barbara in writing before production begins, custom-manufactured product assemblies are not certified, listed, or represented as having been separately submitted, tested, evaluated, or listed as complete units by UL or any other third-party certification body.

The certifications available from Mi-Barbara relate only to the applicable certified or recognized electrical components incorporated into the product.

Local Certification & Compliance

Local electrical, plumbing, building, certification, inspection, labeling, and approval requirements may vary by state, municipality, project, and applicable Authority Having Jurisdiction (AHJ).

Mi-Barbara does not represent that a custom-manufactured product carries a complete-unit UL Listing, field label, or other jurisdiction-specific certification unless expressly confirmed in writing for that specific product or project.

The customer, contractor, electrician, plumber, or other responsible project professional is responsible for confirming any local approval, inspection, field evaluation, certification, labeling, or permitting requirements applicable to the installation before placing the order.

Mi-Barbara will reasonably support customers by providing available technical documentation and applicable component certification information to assist with local approval or field evaluation. Any local inspection, field evaluation, certification, labeling, permitting, or related costs are the responsibility of the customer unless otherwise expressly agreed by Mi-Barbara in writing.

If a customer, contractor, electrician, architect, inspector, building authority, or other project participant requires a:

  • Complete-unit listing
  • Field evaluation
  • Local certification
  • Specific certification label
  • Jurisdiction-specific approval
  • Project-specific electrical approval

that requirement must be communicated to Mi-Barbara in writing and expressly accepted by Mi-Barbara before production begins.

A later request for complete-unit certification, labeling, or listing that was not included in the approved quotation or otherwise confirmed in writing before production shall be considered a new project requirement and does not make the Custom Goods defective, returnable, or refundable.

Factory Inspection & Functional Testing

Custom-made products may undergo factory quality-control inspection and functional testing before shipment. This testing may include:

  • Visual inspection
  • Lighting functionality
  • Electrical operation
  • Hydraulic and mechanical operation
  • Components and connections
  • Finish, upholstery and general workmanship
  • Dimensions
  • Hardware
  • Product-specific functional checks

Mi-Barbara may document such inspection and testing through photographs and videos and may provide such documentation to the customer upon request or as part of the quality-control process.

Factory inspection, functional testing, photographs, videos, or component certification documentation do not constitute or replace a third-party complete-unit UL listing, certification, field evaluation, or approval unless expressly stated otherwise in writing by Mi-Barbara.

Where Mi-Barbara has expressly agreed in writing to provide a particular certification, listing, component, label, or compliance requirement as part of the approved order, Mi-Barbara remains responsible for providing that expressly agreed requirement.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us.

We may, in our discretion and where legally permitted, limit or cancel quantities purchased per person, household, account, payment method, or order.

If we make a material change to or cancel an accepted order, we will make reasonable efforts to notify the customer using the contact information provided with the order.

Customers agree to provide current, complete, and accurate purchase, billing, shipping, account, and contact information.

Payment Disputes and Chargebacks

If a customer initiates a chargeback, payment dispute, or other financial claim related to an order, Mi-Barbara reserves all rights available under applicable law.

The customer agrees to first allow Mi-Barbara a reasonable opportunity to investigate and complete any applicable corrective remedy process.

Third-Party and External Service Costs

Unless expressly agreed by Mi-Barbara in writing in advance, Mi-Barbara is not responsible for costs incurred by customers or third parties, including:

  • Handyman labor
  • Installer visits
  • Electrician costs
  • Plumber costs
  • Contractor fees
  • Removal or reinstallation costs
  • Site visits
  • Rescheduling fees
  • Storage costs
  • Other third-party service expenses

Any voluntary reimbursement approved by Mi-Barbara is discretionary unless required by applicable law and does not constitute an admission of liability.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we do not monitor and have no control.

Access to such tools is provided “as is” and “as available,” without warranties or endorsement except as required by applicable law.

Use of third-party tools is at the user’s discretion and subject to the applicable third party’s terms.

Future tools or Services offered through the website shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, or Services may include materials or links from third parties.

Third-party links may direct users to websites not affiliated with Mi-Barbara.

We are not responsible for evaluating or guaranteeing third-party content, products, Services, websites, policies, or practices.

Transactions with third parties are subject to the applicable third party’s terms.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit ideas, suggestions, proposals, plans, feedback, reviews, photographs, or other materials to Mi-Barbara, you agree that, where legally permitted, we may use such submissions in connection with our business unless otherwise agreed in writing.

You must not submit unlawful, defamatory, abusive, infringing, fraudulent, malicious, or misleading content.

You are responsible for the accuracy and legality of content you submit.

SECTION 10 – PERSONAL INFORMATION

Submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the site may contain typographical errors, inaccuracies, or omissions relating to:

  • Product descriptions
  • Specifications
  • Pricing
  • Promotions
  • Shipping charges
  • Transit times
  • Availability

We reserve the right to correct errors, inaccuracies, or omissions and update information where legally permitted.

Nothing in this Section allows Mi-Barbara to alter an expressly approved material order specification after production without the customer’s agreement.

SECTION 12 – PROHIBITED USES

You may not use the site, Service, or products:

  • For unlawful purposes
  • To violate any applicable laws or regulations
  • To infringe intellectual property rights
  • To submit fraudulent or misleading information
  • To transmit malware
  • To interfere with website security
  • To engage in prohibited scraping, phishing, spam, or other abusive activity
  • In violation of applicable sanctions, embargoes, or trade restrictions

We reserve the right to refuse or terminate Service where necessary to comply with applicable sanctions, export controls, or other laws.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Except for warranties expressly stated in these Terms or otherwise required by applicable law, the Service is provided on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, Mi-Barbara and CHICKS LOFT LLC shall not be liable for indirect, incidental, special, punitive, or consequential damages, including:

  • Lost profits
  • Lost revenue
  • Lost business opportunities
  • Project delays
  • Contractor scheduling costs
  • Additional site visits
  • Removal or reinstallation expenses
  • Third-party labor expenses

arising out of or relating to the Service or products.

Where applicable law does not permit certain exclusions or limitations, liability shall be limited to the maximum extent permitted by law.

Without limiting the foregoing, Mi-Barbara is not responsible for customer or third-party expenses incurred in connection with troubleshooting, repair, replacement, removal, reinstallation, rescheduling, or contractor attendance unless Mi-Barbara expressly approved such expense in writing before it was incurred.

In certain cases, Mi-Barbara may approve locally performed labor as an alternative corrective solution. Any reimbursement or contribution must be expressly authorized by Mi-Barbara in writing before the work is performed.

SECTION 14 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Mi-Barbara, CHICKS LOFT LLC, and their applicable officers, employees, agents, contractors, suppliers, and service providers from third-party claims arising from:

  • Your breach of these Terms
  • Your violation of applicable law
  • Your violation of a third party’s rights
  • Specifications or instructions supplied by you that create a third-party claim

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law.

The unenforceable portion shall be severed, and the validity and enforceability of the remaining provisions shall not be affected.

SECTION 16 – TERMINATION

Obligations and liabilities incurred before termination of these Terms shall survive termination where applicable.

We may terminate or restrict access to the Service where a user materially breaches these Terms or uses the Service unlawfully.

Termination does not eliminate amounts lawfully owed in connection with accepted orders.

SECTION 17 – ENTIRE AGREEMENT

These Terms, together with:

  • The Refund Policy
  • The applicable quotation
  • Approved shop drawings
  • Approved written specifications
  • Applicable order confirmations
  • Other expressly incorporated policies

constitute the agreement between the customer and Mi-Barbara concerning the applicable order.

No failure by Mi-Barbara to enforce a provision shall constitute a waiver of that provision.

Where specific order terms contained in an approved quotation or written specification differ from general website descriptions, the approved quotation and written order specifications shall control with respect to that specific order, subject to applicable law.

SECTION 18 – GOVERNING LAW AND JURISDICTION

These Terms and separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict-of-law principles.

Subject to any non-waivable rights under applicable consumer-protection laws, disputes arising out of or relating to these Terms, the Service, or an order shall be brought in courts having appropriate jurisdiction under applicable law.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page.

We reserve the right to update or replace portions of these Terms by posting changes to the website.

Changes will apply prospectively to the extent required by applicable law.

For an existing Custom Goods order, the version of the applicable quotation, specifications, and material terms accepted in connection with that order shall remain relevant to determining the parties’ rights and obligations.

SECTION 20 – TRADE RULES

SECTION 20.1 – SHIPPING & DELIVERY

Mi-Barbara may ship products from different warehouses and manufacturing or distribution locations.

For orders containing multiple products, we may split an order into multiple packages or shipments where reasonably necessary.

Delivery dates and transit times are estimates unless Mi-Barbara expressly guarantees a particular delivery date in writing.

If we become aware of a material shipping delay, we will make reasonable efforts to communicate that information to the customer.

SECTION 20.2 – RETURNS, REFUNDS & CUSTOM GOODS

Only products expressly designated as Ready To Ship on the Mi-Barbara website or in the applicable quotation are eligible for change-of-mind returns.

Eligible Ready To Ship products may be returned within 30 days of delivery, provided that they:

  • Are unused
  • Have not been installed or assembled
  • Are in new condition
  • Include all original parts and accessories
  • Are returned in their original packaging
  • Receive prior return authorization from Mi-Barbara

Customers are responsible for authorized return shipping, packaging, crating, and insurance unless otherwise required by applicable law.

Original shipping, freight, expedited shipping, crating, delivery, and other Delivery Charges are non-refundable.

All products not designated as Ready To Ship are Custom Goods.

Custom-made, made-to-order, bespoke, personalized, special-order, and project-specific products are final sale, non-returnable, and non-refundable.

Custom Goods remain non-returnable and non-refundable even where a verified manufacturing defect, shipping damage, or error attributable to Mi-Barbara is confirmed.

Mi-Barbara’s responsibility in such circumstances is to correct, repair, replace, remake, or otherwise resolve the issue in accordance with Section 5 and the Refund Policy.

Cash refunds are not an available remedy for Custom Goods, except where expressly required by applicable non-waivable law.

Questions regarding returns, claims, or cancellations should be sent to info.mibarbara@gmail.com.

SECTION 20.3 – ACCEPTANCE OF RETURN, REFUND & CANCELLATION TERMS

By placing an order with Mi-Barbara, submitting payment, approving a quotation or shop drawing, or otherwise authorizing production, the customer acknowledges and agrees to Mi-Barbara’s Return, Refund & Cancellation Policy, which is incorporated into these Terms by reference.

The customer acknowledges that, except for eligible Ready To Ship products, Mi-Barbara products are custom-made or made to order and are non-returnable and non-refundable.

The customer further acknowledges that the remedies available for verified defects, shipping damage, or errors attributable to Mi-Barbara are limited to the corrective remedies described in these Terms and the Refund Policy, except where otherwise required by applicable non-waivable law.

SECTION 21 – CONTACT INFORMATION

Questions regarding these Terms, returns, claims, cancellations, warranties, or orders should be sent to info.mibarbara@gmail.com.

Mi-Barbara
A brand operated by CHICKS LOFT LLC
Delaware Limited Liability Company
651 N Broad St.
Suite 201
Middletown, DE 19709
United States
Phone: +1 206 970 0602