You may visit this site without registering an account with us. However, to enjoy the full benefits of our website, you must go through the account registration process.
By using this site or registering an account, you acknowledge and agree that you are at least 18 years of age, or are using the site under the supervision of a parent or guardian, and that you are legally able to enter into this agreement.
Section 1. License
We grant you a limited license to access and use the site for your personal use, and to copy, distribute, and transmit the content of this site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include (i) any resale or commercial use of this site or its contents; (ii) any collection and use of any product listings, or descriptions; (iii) any derivative use of this site or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Top Banana Handmade Market. You may not use any meta tags or any other “hidden text” utilizing Top Banana Handmade Market’s name or trademarks without the express written consent of Top Banana Handmade Market. Any unauthorized use terminates the permission or license granted by Top Banana Handmade Market.
Section 2. Account Registration
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You will immediately notify Top Banana Handmade Market of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.
As an account holder, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you other notices by email.
Section 3. Billing and Payments
You may be charged local tax, if applicable. [If your payment method is declined, we will attempt to process your charge during the month until the transaction is approved. If we are unable to complete your charge, we may contact you directly to update your account information.]
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
For further details, please see SHIPPING & RETURNS.
Section 4. Trademarks and Copyright
This website contains many trademarks, trade names, service marks, copyrights or logos of Top Banana Handmade Market and may also contain protected marks of third parties. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this site, any right, title, or interest in the marks. You agree that you will not change, modify or exploit these marks, nor participate in any activity, which modifies or exploits such marks. All rights to these marks are reserved. Any use of these marks without expressed written authorization is strictly prohibited.
Section 5. Prohibited Use
Any use of this site for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; or (v) activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of this site cannot and will not be deemed confidential or proprietary. Top Banana Handmade Market reserves the right to monitor transmissions and investigate any alleged prohibited use of this site and to disclose any and all information relating to such prohibited use.Top Banana Handmade Market, its officers, directors, affiliates, employees, agents, partners, subsidiaries and contractors will not assume, and expressly disclaims, any and all liability relating to any individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service or any other action Top Banana Handmade Market determines appropriate under the circumstances.
Section 6. Links to Other Websites
Our website may contain links to other sites for your convenience and information. These sites are independent of Top Banana Handmade Market’s site and Top Banana Handmade Market does not and cannot control the content or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Top Banana Handmade Market. The inclusion of a link does not mean that Top Banana Handmade Market accepts or endorses any of the content contained in such site. You are responsible for protecting yourself while associating with the linked sites. Top Banana Handmade Market, its officers, directors, affiliates, employees, agents, partners, subsidiaries and contractors disclaim any and all responsibility and liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
Section 7. Typographical Errors and Modifications
This website may contain typographical errors or technical inaccuracies. Top Banana Handmade Market reserves the right to modify the content of this website at any time without prior notice. 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, Top Banana Handmade Market will have the right to refuse or cancel any orders placed for any product listed at the incorrect price. Top Banana Handmade Market will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, Top Banana Handmade Market will immediately issue a credit to your credit or debit card account in the amount of the charge.
Section 8. Privacy
Section 9. Severability
Section 10. Entire Agreement
Section 11. Warranties and Limitation of Liability
TOP BANANA HANDMADE MARKET DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PRESERVE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
Section 12. Force Majeure
Section 13. Indemnification
You hereby agree to indemnify, defend, and hold harmless,Top Banana Handmade Market, its officers, directors, affiliates, employees, agents, partners, subsidiaries and contractors from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this website. Top Banana Handmade Market has the right to control any defense pertaining to this section.
Section 14. Relationship
Section 15. Governing Law
Section 16. Survival of Terms After Agreement Ends
Effective Date: November 22, 2015