terms of use agreement

the use of this site is governed by the policies, terms and conditions set forth below. please read them carefully. your use of this site indicates your acceptance of these terms and conditions. your placement of an order indicates your acceptance of these terms and conditions. your submittal of any purchase order to roshambo baby, inc. indicates acceptance of these terms and conditions. these terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by roshambo baby, inc or any of its affiliates. roshambo baby, inc  reserves the right to make changes to this site and these terms and conditions at any time.

Roshambo Baby, Inc.
1621 S. Rancho Santa Fe Dr.
Suite F, San Marcos, CA 92078

copyright and trademark notice

this site is owned and operated by roshambo baby, inc. unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of roshambo baby, inc, copyright © 2013, all rights reserved. all software used on the site is the sole property of roshambo baby, inc or those supplying the software. you may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. no materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without roshambo baby, inc’s prior written permission. all rights not expressly granted herein are reserved. any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

roshambo baby is a registered trademark, trademark or service mark of roshambo baby, inc. all custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of roshambo baby, inc. all other trademarks or service marks are property of their respective owners. the use of any roshambo baby, inc trademark or service mark without roshambo baby, inc ‘s express written consent is strictly prohibited.

replacement guarantee disclaimer and limitation of liability as to products sold

all products are guaranteed against all defects for 30 days from the date of the invoice. roshambo baby, inc. will replace any sunglasses damaged in the course of normal, intended and expected use for up to one (1) year from the date of purchase. product registration is required to claim any warranties. roshambo baby, inc reserves the right to determine what is a “normal, intended and expected use,” but minor "damage" including scuffs, bite marks, fixable stretching, divots, or other such issues that do not undermine the function and wearability of the sunglasses for their intended purpose will generally not be considered replaceable damage.  roshambo baby extends this replacement guarantee for damage or breakage to frames occurring from normal, intended, and expected use of the frames for one (1) year from the date of purchase to partner retail stores or other authorized third party resellers assuming all other conditions presented herein are satisfied, including but not limited to warranty registration of the product.

roshambo baby also offers a lens replacement guarantee for any lenses lost in the normal, intended and expected course of use if purchased from a partner retail store or this website. this lens replacement offer is only good for free gray polarized sunglass lenses, and does not apply to AVN lenses, mirrored lenses, or prescription lenses. Replacement guarantee for custom prescription lenses applies only if the 1-year replacement add-on was added at time of purchase. Mirrored lens replacements are offered at 50% off with promotion code. sunglass lens replacement offer is intended to be a one time replacement offer, any subsequent replacement requests will be solely at the discretion of the company. neither offer covers any handling or shipping fees associated with replacement, which are to be paid by the customer.

except as expressly stated herein, roshambo baby, inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the roshambobaby.com site. except as expressly stated herein, roshambo baby, inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. you agree that the sole and exclusive maximum liability to roshambo baby, inc. arising from any product sold on the roshambobaby.com sites shall be the price of the product ordered. in no event shall roshambo baby, inc, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

disclaimer and limitation of liability as to the roshambo baby sites

the roshambobaby.com web sites and the materials therein are provided “as is”. roshambo baby, inc makes no representations or warranties, either expressed or implied, of any kind with respect to the sites, their operations, contents, information, materials or year 2000 compliance. roshambo baby, inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. you agree that roshambo baby, inc, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the sites. you agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

typographical errors

in the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, roshambo baby, inc shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. roshambo baby, inc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. if your credit card has already been charged for the purchase and your order is canceled, roshambo baby, inc shall immediately issue a credit to your credit card account in the amount of the charge.

links and third party content

this site may contain links to other sites on the internet that are owned and operated by third parties. you acknowledge that roshambo baby, inc is not responsible for the operation of or content located on or through any such site. at times this site may also contain images and content provided by customers and other third parties. you acknowledge that roshambo baby, inc is not responsible for the content submitted by third parties. if you have a concern about content on our site, please email helpme@roshambobaby.com and we will address the concern as soon as possible. by submitting content to our site via any means, you acknowledge you have the right to give legal permission for roshambo baby, inc to use such content without limitation, including for marketing and promotional purposes. subsequent requests to remove such content submitted to roshambo baby, inc shall be granted at the sole discretion of roshambo baby, inc.

third party pixels and cookies

Notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies to collect information from your device and/or Internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other information about. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. Visitors can also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers’ websites and send personalized emails based on the visitors’ browsing experience. We and/or our partners use cookies, pixels and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol address and what Web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners. If you would like to opt-out please click here.

privacy policy

your privacy is very important to us. accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. the following outlines our privacy policy.

  • we will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

  • we will only retain personal information as long as necessary for the fulfillment of those purposes and you will always have the option to unsubscribe from any communication.

  • we never sell personal information of any kind for any reason or knowingly make such information available to any third parties.

  • we do not store any payment information of any kind.

  • we will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

  • personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

  • we will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

  • we will make readily available to customers information about our policies and practices relating to the management of personal information.

By subscribing to roshambo baby, inc. text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out.  You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

order acceptance policy

your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. roshambo baby, inc reserves the right at any time after receipt of your order to accept or decline your order for any reason. roshambo baby, inc reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. all orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. we may require additional verifications or information before accepting any order. roshambo baby, inc is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by roshambo baby, inc.

sales taxes

roshambo baby, inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within california. each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. orders shipping to international addresses will be charged the applicable taxes and duties.

jurisdiction and venue

you agree that any legal action brought against roshambo baby, inc. shall be governed by the laws of the state of california without regard to its conflict of law principles. you agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the roshambobaby.com sites shall be an appropriate federal or state court located in san diego county, california.