Effective: Aug 21, 2024.

Welcome to banni.com. Please carefully review our Terms of Service. banni is operated by BANNI, LLC, a US company headquartered in Hawaii, USA. These Terms of Service form a legally binding agreement between you and banni ("We," "us," also refered to as the "Company"), governing your use of the banni USA website (the "Site") and our social media platforms. Collectively, the Site and social media platforms are referred to as the "banni Platform." If you do not agree to these Terms of Service, please exit the Site or social media platforms immediately and refrain from any future use of our services.

If you are under the age of majority in your jurisdiction, you must have a parent or legal guardian review and accept these terms on your behalf and ensure compliance with them.

By using our services, browsing the Site, or interacting with our social media platforms, you confirm that (1) you have read, understand, and agree to be bound by these Terms of Service, (2) you are of legal age to enter into a binding contract with us, and (3) you have the authority to agree to these Terms. If you, or your parent/legal guardian, do not agree to these Terms, you may not access or use our services.

Our Privacy Policy ("Privacy Policy" or "Policy") is included under these Terms of Service. Please review our Privacy Policy to understand what personal information we collect, how and when it is collected, its current use, and future use. This Policy also explains when and how we might share your personal information with third parties.

By visiting and/or making a purchase on the Banni Platform, you agree to our Terms of Service and Privacy Policy, regardless of whether you register as a member. If you disagree with any part of this Agreement or our Policy, please do not use our services.

For further details on our Terms of Service, please review the following sections.

Banni grants you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website according to these Terms of Service and solely for personal purposes. This license excludes any use related to commercial, advertising, entrepreneurial, or professional activities. You are not permitted to modify, translate, decompile, create derivative works, copy, distribute, dismantle, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, or grant a security interest in, or otherwise commercially exploit the Website or any of its parts (including pages, texts, images, descriptions, audio-visual content, or any other material replicated and published on the Website).

We reserve the right to alter or modify any of the terms and conditions outlined in these Terms of Service at any time, without prior notice and at our sole discretion. Should we make any changes, a revised version will be posted on the Site with an updated date. Any modifications to this Agreement or related Policy will take effect upon their posting.

Key points of these Terms of Service include:

• Your acknowledgment and acceptance of our Privacy Policy (Section 12).
• Your agreement that the Banni Platform is provided "as is" and without warranty
• Your agreement that Banni holds no liability regarding the Banni Platform
• Your agreement to indemnify Banni from any claims arising from your use or inability to use the Banni Platform or content submitted from your account.
• Your consent to submit any claims against Banni to binding arbitration on an individual basis only.

By accessing the US Site, you affirm and guarantee the following:

• You are 18 years of age or older and meet the legal age requirements of your jurisdiction, and you are otherwise capable of entering into binding agreements.
• You have the right, authority, and ability to enter into this Agreement and adhere to its terms and conditions, and you agree to do so.
• You affirm that you have read, understood, and agreed to be bound by these Terms of Service and the Privacy Policy in order to access and use the Site.

While Banni strives to accurately represent inventory levels on the Site, merchandise availability cannot be guaranteed. If an item is out of stock by the time your order is processed, we will notify you as soon as possible via email. Similarly, although Banni makes every effort to display product colors accurately online, we cannot guarantee their precision. The colors you see may vary depending on your monitor.

The products shown on the Site are available for ordering and delivery within the United States. Some products may also be available in certain international markets. All prices displayed on the Site are in US dollars (USD) and are applicable only in the US.

Products available on the Site, including any samples provided by Banni, are intended for personal use only. You are not permitted to sell or resell any products purchased or received from us.

Prices listed on the Site do not include international duties, taxes, or other customs charges that may apply upon delivery to your final destination. For information on applicable taxes and duties, please contact the customs agency in your country. These charges can vary significantly between countries and are not covered by Banni.

All content published on this Site, including text, graphics, and code, is the exclusive property of BANNI LLC and banni.com. Permission is granted to electronically copy and print portions of this Site solely for placing an order with banni.com. Any other use, including reproduction, modification, distribution, display, or transmission of the content of this Site, is strictly prohibited without prior written consent. You may not remove or alter any proprietary notices from materials downloaded from the Site.

All copyright, design rights, trademarks, and other intellectual property related to the Site's content, including Banni software and HTML code, remain vested in BANNI LLC and/or their respective owners. All content, including third-party trademarks and intellectual property, is protected by federal and state laws and international treaties. Use of this content is only permitted as expressly authorized by BANNI LLC and/or its licensors. Unauthorized reproduction or redistribution of this content may result in civil and criminal penalties.

In addition to the intellectual property rights mentioned above, "Content" includes all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, or audio files. While we aim to ensure accuracy, we do not warrant that the Site’s Content is error-free. Your use of the Site is at your own risk. The Site is provided "as is" and "as available," without any warranties, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume the entire risk regarding the completeness and accuracy of any Content on the Site. BANNI reserves the right to withdraw any Content from the Site at any time, with or without notice. Opinions expressed on the Site are those of the authors and do not necessarily reflect the views of BANNI LLC. BANNI LLC reserves the right to remove any comment deemed unlawful, defamatory, or harmful, and to protect trademarks, patents, and copyrighted content. Confidential information should not be posted on this Site.

The Banni Site may contain links to other websites ("Linked Sites"). These Linked Sites are not under the control of Banni or BANNI LLC. Banni is not responsible for the content of any Linked Sites, including, but not limited to, any links contained within a Linked Site and any updates or changes made to a Linked Site. The inclusion of Linked Sites does not imply endorsement by Banni. Although the Site may allow you to access or use third-party sites, these sites are not considered "Services" under this Agreement and are not subject to the warranties, services, commitments, or obligations of Banni. By using any third-party offerings, you expressly permit Banni to disclose your data or other information as necessary to utilize those third-party sites.

We are not liable for any information disclosure due to transmission errors or unauthorized acts by third parties. It is your responsibility to assess the content and usefulness of information obtained from other sites.

The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of those websites, and not by Banni’s Terms of Service or Privacy Policy.

Banni welcomes your comments and feedback regarding the Site, products, and/or services. However, we do not accept confidential or proprietary information. Any comments, feedback, ideas, suggestions, materials, information, or other submissions sent to Banni through our Site or otherwise are not considered confidential and will become the property of Banni. By disclosing, submitting, or offering any such comments, you assign all worldwide rights, titles, interests, and goodwill to Banni without any compensation.

Your comments must not infringe upon any third-party rights and should not include any libelous, abusive, obscene, or otherwise unlawful content.

If you access Banni or the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws of your jurisdiction. By accessing the Site from outside the United States, you acknowledge that any personal information you provide will be processed in the United States and other locations as chosen by us, and you consent to the collection and processing of your personal information in accordance with this Agreement and our Privacy Policy.

Purchasing merchandise through the Site is limited to parties who can legally enter into and form contracts on the Internet under U.S. law.

To make a purchase on the Site, you will need to provide personal details, including your real name, phone number, email address, and other requested information. You must also provide payment details that are valid and correct, and confirm that you are the person named in the billing information.

The Site is available only to individuals who meet the eligibility criteria, have been issued a valid credit/debit card by an acceptable bank, and have authorized us to charge their card for the total purchase price of the merchandise.

We may use the personal information you provide to perform anti-fraud checks. This information may be disclosed to credit reference or fraud prevention agencies, which may keep a record of it.

We reserve the right to refuse your order if, for example, we cannot obtain payment authorization, if there are shipping restrictions on a particular item, if the item is out of stock or fails to meet our quality standards, or if you do not meet the eligibility criteria outlined in the Terms of Use.

Additionally, we may refuse to process any transaction or provide service at our sole discretion. We will not be liable to you or any third party for withdrawing merchandise from the Site, removing, screening, or editing content, refusing to process transactions, or suspending transactions after processing has begun.

In addition to any rights or remedies available under these Terms of Service or applicable law, we may suspend, limit, or terminate your account or your access to the Service, either in part or in whole, at any time, with or without notice, if (1) you have breached these Terms of Service or (2) such action is necessary to prevent harm to any party or liability to the Company.

Furthermore, despite any other provision in these Terms of Service, we reserve the right to alter, suspend, remove, or disable access to any Content, features, or other materials that are part of the Service at any time, without notice. We will not be liable for any removal or disabling of access to such Content, features, or materials.

If your access to the Banni Platform is terminated, suspended, or limited, you will forfeit any entitlement to refunds of unused balances in your account. You will be barred from registering or creating a new account under your name, a fictitious name, or the name of any third party, even if acting on behalf of the third party. Additionally, Banni reserves the right to pursue appropriate legal action, including but not limited to arbitration, criminal proceedings, and injunctive relief.

This Agreement will remain in effect against you even after your access to the Banni Platform is terminated, limited, or suspended.

By using, browsing, and making purchases from banni.com, you acknowledge and agree that there are certain limitations to our liability to you and third parties. Consequently, you agree not to hold Banni LLC, its affiliates, licensors, promotional partners, or any of their agents, employees, officers, directors, corporate partners, or participants liable for any damages, suits, claims, or controversies (collectively, "Liabilities") that have arisen or may arise, whether known or unknown, related to your or any other party’s use of or inability to use the Banni Platform. Under no circumstances will Banni LLC or banni.com be liable for any damages, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or in connection with the Website or Service, or your use thereof. Nothing on the Site or in any communication from banni.com or its employees or agents shall be construed as making any promise, covenant, or guarantee, which are explicitly disclaimed here and in other statements and disclaimers.

To the fullest extent permitted by law, you agree that Banni LLC will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or related to the Agreement, the Website, or the Service, including but not limited to lost profits, lost data, loss of goodwill, intellectual property infringement, work stoppage, equipment failure, illegal activity, personal injury, property damage, or any other damages or losses, even if Banni LLC has been advised of the possibility of such damages, and regardless of the legal or equitable theory (contract, tort, statute, indemnity, or otherwise) on which such liability is based.

If any of these limitations are found to be unenforceable, you agree that, to the fullest extent permitted by law, Banni LLC’s total liability and your sole remedy for any claim arising out of or related to the Agreement, the Website, or the Service will be limited to monetary damages not exceeding the greater of $500.00 or the amount you paid to banni.com in the six months preceding the notice of the dispute for which the remedy is sought.

Liability for Content

You acknowledge and agree that Banni LLC and/or banni.com (1) stores content ("Content") and other information at the direction, request, and with the authorization of its users, (2) acts merely as a passive conduit and/or host for the uploading, storage, and distribution of such Content, and (3) does not actively participate in or provide assistance with the presentation or use of the Content. You are solely responsible for all Content that you upload, post, or distribute to, on, or through the Site or the Banni Platform. To the extent permitted by law, banni.com excludes all liability related to all Content (including Your Content) and the activities of its users in connection therewith.

You acknowledge and agree that banni.com cannot and does not review the Content created or uploaded by its users. Neither banni.com nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders have any obligation, and do not undertake or assume any duty, to monitor the Site for inappropriate Content, potential infringements of third-party rights, or Content uploaded in violation of these Terms of Service or applicable law.

Banni LLC and/or banni.com, along with its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders, exclude, to the fullest extent permitted by law, any and all liability arising from Content uploaded to the Site by users. This includes, but is not limited to, claims related to the infringement of intellectual property rights, privacy or publicity rights, publication of defamatory, pornographic, obscene, or offensive material, or claims related to the completeness, accuracy, currency, or reliability of any information provided by users of the Site. By using the Banni Platform, you irrevocably waive the right to assert any claims related to the above against banni.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.

Except when expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of the State of Hawaii without regard to choice of law principles.

The Company may occasionally offer promotional opportunities, sweepstakes, and contests to users. All such promotions are managed solely at the Company’s discretion and may be launched, altered, or discontinued at any time without prior notice.

This privacy policy ("Privacy Policy" or "Policy") applies to your visit and use of the US section of banni.com (the "US Site"). Please review the various sections of this Privacy Policy to understand what personal information we collect, how and when we collect it, its current uses, and how we plan to use it in the future. This Policy also outlines when we may share your personal information with third parties.

Banni takes the privacy and security of your personal information very seriously. We ensure a secure environment and enforce this Policy to describe the limited ways in which your information is used and accessed.

By using the US Site, you agree to the practices outlined in this Privacy Policy. If you do not accept these practices, please refrain from using the US Site. Any information or personal data you provide will be handled in accordance with Federal Regulations and California State Law. By interacting with our content or services on the US Site, you confirm that you have read, understood, and consent to the practices regarding the use and disclosure of your personal information as described in this Privacy Policy and our Terms and Conditions. If you are a minor in your country of residence, please ensure you have your parent’s or guardian’s consent before providing us with any personal information.

For further details, please review the sections below.

When you register for an account, place an order, interact with our digital platforms on your computer or mobile devices, or send us an inquiry, we collect and store certain pieces of information. Below are details on how we collect, protect, and use this information throughout your visit or purchasing journey on banni.com.

No collection of personal information as a matter of course

banni does not routinely collect your personal information while you are using the website unless you provide it directly, such as by signing up for an account or mailing list, or making a purchase. Personal information is collected only with your informed consent and used solely for the purpose for which it was provided.

Account Management and Customer Profile Information

If you create an account with us on banni.com, we may collect information such as your name, postal address, phone number(s), email address(es), credit card number(s), and other payment information necessary to process transactions. We may also gather information from authentication or identity checks, particularly in relation to fraud prevention during purchases. This information helps us manage your account, process your orders, deliver products, update records, and enhance our services.

If you have a customer account, we may track details about your purchases, including where items were bought, and other relevant information to improve our service. This may include personal dates, lifestyle preferences, and product interests, which help us personalize your experience with Banni.

Information About Your Device

Depending on your access method, our website collects technical details about your computer or mobile device, including device type, browser information, device identifier, IP address, referring website, and operating system. If you register for an account, this data will be linked with your personal account information but will not be shared with third parties.

Location Information

If you request location services, we may use your browser's IP address to estimate your location or access real-time latitude and longitude data from your mobile device if available. You must allow us to access your location data, and you can modify your location preferences through your device settings or by uninstalling the app.

Linking Personal Information and Customer Profiles

We may use your personal information for internal marketing and demographic studies, combining it with non-personal data to analyze customer patterns and improve our products and services. This allows us to offer more personalized shopping experiences. We may also supplement this data with information from third parties and public sources to better understand customer preferences.

Customer Communications Information

We may collect personal information from your interactions with our social media pages and use this to communicate relevant content, promotions, and updates about our products and events. For details on how social media platforms handle your information, please refer to their privacy policies.

With your consent, we may contact you through various channels, including email, phone, or mobile messaging, to provide information about our products, events, and services. We may also reach out for feedback or assist with prospective purchases. Providing contact information is voluntary, but without it, we may not be able to process your orders or send necessary communications. You can opt out of promotional communications at any time, and we will only send such messages with your consent.

If you are registered to receive updates from us and wish to stop receiving them, you can request to amend your preferences. To do so, follow the instructions provided in the communication, such as using the unsubscribe link included in all email updates. Banni will cease sending updates for which you have withdrawn consent within a reasonable timeframe to allow for the change to be processed. Please note that even if you opt out of promotional updates, we may still send you non-promotional communications, such as emails regarding your account or purchases made from the website.

We will retain your information for as long as you remain an active customer, and for 5 years thereafter, or as otherwise required for our business operations or by law. Certain personal information may be retained even after a customer account is closed or deleted, for purposes such as fraud prevention and proper record-keeping. If you wish to request the permanent deletion of your personal details or wish to change your preferences at any time, please contact our Customer Service Department.

In certain circumstances, we may share your information with affiliated companies, including those within BANNI LLC’s global network, joint ventures, franchisees, licensees, and selected service providers who perform functions on our behalf, such as fulfilling orders, processing payments, and managing promotional services or data. We may also share aggregated or anonymized information that does not directly identify you.

Service Partners
We may share information with companies that handle our order dispatch services, delivery companies, and other support service providers, including website hosting companies. Additionally, we may share limited information with companies assisting BANNI LLC in analyzing customer data to improve our products and services and better understand customer interests. We will only provide these companies with the information necessary for their services, and they must use it solely as instructed by us and in accordance with our Policy and the law.

Financial Institutions and Payment Processing Partners
We will charge your credit or debit card at the time you receive a Shipping Confirmation email, which details the items shipped from your order and shipping costs. If your order is split into multiple shipments, you will be charged only for the items shipped at that time. The Shipping Confirmation email will include relevant information about the purchased goods, terms and conditions, withdrawal rights, payment methods, and applicable taxes. If payment is unsuccessful, BANNI LLC is not obligated to deliver the items, in addition to any other applicable remedies and rights.

Legal Disclosures
We may disclose personal information to third parties when required by law, legal processes, credit risk reduction, fraud prevention, or to protect and defend the rights and property of BANNI LLC. We will take reasonable steps to ensure that your information remains secure when disclosed for these purposes.

Business or Process Change Partners
In the event of a reorganization or sale of BANNI LLC or any part of our business, any personal information we hold about you may be transferred to the new entity or third party.

Overseas Transfers of Data
Your personal information collected through the website is processed and stored on servers in the United States of America. In certain cases, we may transfer your information to BANNI LLC for processes such as repairs, returns, or special cases. By providing your personal data, you consent to its transfer, storage, and processing outside your country of residence. We will ensure that your information is protected according to this Privacy Policy, applicable data protection laws, and recognized data transfer mechanisms, whether processed within the USA or abroad.

The website may contain links to other sites not controlled by Gentle Monster or BANNI LLC. We are not responsible for the privacy practices, data collection, or content of these external sites. The operators of these linked sites are not required to follow our Privacy Policy. We recommend reviewing the terms, conditions, privacy statements, and policies of any external sites you visit, as your use of those sites may be governed by their respective terms.

While we strive to protect your personal data, the transmission of information over the internet is not completely secure. We cannot guarantee the security of data submitted to us, and any transmission is at your own risk.

We employ strict procedures and security features to prevent unauthorized access whenever possible. Personal information provided to BANNI LLC through the Site and online credit card transactions is transmitted via a secure server using Secure Socket Layer (SSL) encryption technology. When the URL changes from "http" to "https," the "s" indicates a secure area using SSL; your browser may also display a pop-up message or a padlock icon indicating a secure connection.

SSL technology encrypts information such as your name, address, and credit card number during transmission. Our customer service center operates over a private, secure network. Please note that email is not encrypted and should not be used to transmit credit card information.

Failure by BANNI LLC to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and BANNI LLC with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be fully enforced to the extent possible, and will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of BANNI LLC, its successors, and assigns.

I hereby acknowledge that I have read and understand the foregoing Terms of Service and Privacy Policy and agree that my use of the Gentle Monster Platform constitutes my agreement to be bound by the terms and conditions of this Agreement.

We can only guarantee product authenticity for items purchased on our official online website, pop-up shop events, and authorized retailers.